Rule 5.96.Place and manner of filing

Division 1. Family Rules · Chapter 6. Request for Court Orders · Article 2. Filing and Service · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.96 requires request-for-order papers to be filed in the clerk’s office, obliges the moving party to report a settlement immediately, and governs how lodged materials are returned or destroyed.

Full Text of Rule 5.96

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

(a) Papers filed in clerk’s office

All papers relating to a request for order proceeding must be filed in the clerk’s office, unless otherwise provided by local rule or court order.

(b) General schedule

The clerk must post a general schedule showing the days and departments for hearing the matters indicated in the Request for Order (form FL-300).

If the matter has been settled before the scheduled court hearing date, the moving party must immediately notify the court of the settlement.

(d) Requirements for and maintenance of lodged materials

(1) Materials lodged physically with the clerk of the court must be accompanied by a self-addressed envelope with sufficient postage for mailing the material if the party wants the clerk of the court to return the materials lodged physically. If a self-addressed, stamped envelope does not accompany materials lodged physically, the clerk of the court may destroy the lodged materials after determination of the matter and after notice to the party who lodged the materials.

(2) Materials lodged electronically with the clerk of the court must clearly specify an email address to which the notice of deletion may be sent. After determination of the matter, the clerk of the court may delete lodged materials in electronic form after sending electronic notice to the party who lodged the materials.

End

Plain-English Summary

Papers relating to a request for order go to the clerk’s office unless a local rule or court order says otherwise, and the clerk posts a general schedule showing which days and departments hear the matters listed on the Request for Order.

The settlement duty is immediate, not eventual: if the matter settles before the hearing date, the moving party must notify the court right away.

Lodged materials come with a housekeeping rule that can cost a party their exhibits. Material lodged physically must arrive with a self-addressed, stamped envelope if the party wants it back; without one, the clerk may destroy it after the matter is decided and after notice. Material lodged electronically must specify an email address for the notice of deletion, and the clerk may delete it after the matter is determined and notice is sent.

Frequently Asked Questions

What do I do if my case settles before the hearing?

Notify the court immediately. Rule 5.96(c) puts that duty on the moving party.

Will the court return the exhibits I lodged?

Only if you lodged them with a self-addressed envelope carrying sufficient postage. Without one, the clerk may destroy the lodged materials after the matter is determined and after notice to the party who lodged them.

What happens to material lodged electronically?

It must clearly specify an email address for the notice of deletion. After the matter is determined, the clerk may delete it after sending that notice.

Amendment History

Rule 5.96 amended effective July 1, 2026; adopted effective January 1, 2013.

(Subd (d) adopted effective July 1, 2026.)

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

Also known as: lodged materials family court Californiafiling request for order clerknotify court of settlement family lawexhibits destroyed family court