Rule 5.111.Declarations supporting and responding to a request for court order

Division 1. Family Rules · Chapter 6. Request for Court Orders · Article 4. Evidence at Hearings · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.111 caps supporting declarations at 10 pages and replies at 5, requires personal knowledge and admissible statements, and sets a deadline for objecting.

Full Text of Rule 5.111

Text sizeJump to: (a) (b) (c)

Along with a Request for Order (form FL-300) or a Responsive Declaration (form FL-320), a party must file a supporting declaration with the court clerk and serve it on the other party. The declarations must comply with the following requirements:

(a) Length of declarations

A declaration included with a request for court order or a responsive declaration must not exceed 10 pages in length. A reply declaration must not exceed 5 pages in length, unless:

(1) The declaration is of an expert witness; or

(2) The court grants permission to extend the length of a declaration.

(b) Form, format, and content of declarations

(1) The form and format of each declaration submitted in a case filed under the Family Code must comply with the requirements set out in California Rules of Court, rule 2.100 et seq.

(2) A declaration must be based on personal knowledge and explain how the person has acquired that knowledge. The statements in the declaration must be admissible in evidence.

(1) If a party thinks that a declaration does not meet the requirements of (b)(2) the party must file their objections in writing at least 2 court days before the time of the hearing, or any objection will be considered waived, and the declaration may be considered as evidence. Upon a finding of good cause, objections may be made in writing or orally at the time of the hearing.

(2) If the court does not specifically rule on the objection raised by a party, the objection is presumed overruled. If an appeal is filed, any presumed overrulings can be challenged.

End

Plain-English Summary

A declaration filed with a request for order or a responsive declaration must not exceed 10 pages; a reply declaration must not exceed 5. Expert witness declarations are outside the limit, and the court may grant permission to go longer.

Content matters as much as length. Form and format follow the general rules on the form of papers. Substantively, a declaration must be based on personal knowledge, must explain how the declarant acquired that knowledge, and its statements must be admissible in evidence — which rules out a declaration built on what someone was told.

Objections have their own clock, and missing it costs the objection. A party who believes a declaration fails those requirements must file written objections at least 2 court days before the hearing, or the objection is waived and the declaration may be considered as evidence. On a finding of good cause, objections may be made in writing or orally at the hearing. If the court does not rule on an objection, it is presumed overruled — and that presumed overruling can be challenged on appeal.

Frequently Asked Questions

How long can a declaration be in California family court?

10 pages for a declaration filed with a request for order or a responsive declaration, and 5 pages for a reply — unless it is an expert’s declaration or the court grants permission to extend.

When do I have to object to the other side’s declaration?

In writing at least 2 court days before the hearing, or the objection is considered waived. On a finding of good cause, objections may be made in writing or orally at the hearing.

What if the judge never rules on my objection?

It is presumed overruled. If an appeal is filed, any presumed overrulings can be challenged.

Amendment History

Rule 5.111 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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