Rule 5.170.Matters not requiring notice to other parties
Division 1. Family Rules · Chapter 7. Request for Emergency Orders (Ex Parte Orders) · Article 3. Procedural Matters Not Requiring Notice (Non-Emergency Orders) · Adopted 2013 · no amendments on record · Last verified September 10, 2026
Full Text of Rule 5.170
Plain-English Summary
Not everything needs an adversary. This rule names the requests a court may consider without notice to the other parties or a personal appearance: an application to restore a former name after judgment; stipulations by the parties; an order or judgment after a default court hearing; an earnings assignment order based on an existing support order; an order for service of summons by publication or posting; an order or judgment the other party or opposing counsel approved or agreed not to oppose; and an application for an order waiving filing fees.
The common thread is that each is either uncontested by definition, already agreed, or mechanical — an earnings assignment merely implements a support order that already exists, and a publication order presupposes that the other party could not be found in the first place.
Frequently Asked Questions
What can a family court decide without notifying the other party?
Applications to restore a former name after judgment, stipulations, an order or judgment after a default hearing, an earnings assignment based on an existing support order, an order for service by publication or posting, an order or judgment the other side approved or agreed not to oppose, and an application to waive filing fees.
Do I need a hearing to restore my former name after a divorce?
Rule 5.170 lists an application to restore a former name after judgment among the matters a court may consider without notice to the other parties or a personal appearance.
Amendment History
Rule 5.170 adopted effective January 1, 2013.