The California CH-115 form is a legal document used to request a rescheduling of a court hearing date, particularly in cases involving temporary restraining orders. This form is essential for individuals who need more time to prepare or serve documents related to their case. If you find yourself in need of adjusting your court date, consider filling out the CH-115 form by clicking the button below.
The California CH-115 form is a crucial document for individuals involved in legal proceedings related to temporary restraining orders, particularly in cases of civil harassment. This form allows a party to request a rescheduling of their court hearing date, as indicated on the Notice of Court Hearing (form CH-109). It is essential for both the protected and restrained parties to understand the process of submitting this request. The form requires the individual to provide their contact information, including an address for receiving mail, which may be a post office box if privacy is a concern. Additionally, it asks for details about the case, including the other party's name and the currently scheduled court date. If a temporary restraining order is in effect, the form prompts the user to indicate this and attach a copy of the order if available. The reasons for requesting a new court date can vary, such as needing more time for personal service or being the restrained party making a first request. This document is not a court order but serves as a formal request to the court, ensuring that all parties are informed and that due process is followed.
CH-115
Request to Continue Court Hearing
Instructions: Use this form to ask the court to reschedule the court date listed on Notice of Court Hearing (form CH-109). Read, How to Ask for a New Hearing Date (form CH-115-INFO), for more information.
1My Information
a.My name is:
b.I am the:
Clerk stamps date here when form is filed.
Fill in court name and street address:
(1)
(2)
Protected party (skip to 2 ).
Restrained party (give your contact information below).
Address where I can receive mail:
This address will be used by the court and other party to notify you in this case. If you want to keep your home address private, you can use another address like a post office box or another person’s address, if you have their permission. If you have a lawyer, give your lawyer’s address and contact information.
Address:
City:
State:
Zip:
My contact information (optional):
Telephone:Fax:
Email Address:
Superior Court of California, County of
Fill in case number:
Case Number:
Lawyer’s information (skip if you do not have one):
Name:
State Bar No.:
Firm Name:
2Information About My Case
a.The other party in this case is (full name):
b.I have a court date currently scheduled for (date):
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Mandatory Form Code of Civil Procedure, § 527.6(p)
(Temporary Restraining Order)
CH-115, Page 1 of 2
(Civil Harassment Prevention)
3Is a Temporary Restraining Order in effect?
Yes. Date the order was made, if known:
Please attach a copy of the order if you have one.
No.
I don’t know.
Notice: If the court date is rescheduled, the Temporary Restraining Order (form CH-110) will remain in effect until the end of the new court date unless otherwise ordered by the court.
4Why does the court date need to be rescheduled?
a.
I am the person asking for protection, and I need more time to have the restrained party personally served.
b. I am the restrained party, and this is my first request to reschedule the court date.
c.
Other reason:
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or print your name
Sign your name
Lawyer’s name, if you have one
Lawyer’s signature
CH-115, Page 2 of 2
For your protection and privacy, please press the Clear This Form button after you have printed the form.
Print this form Save this form
Clear this form
Completing the California CH-115 form is a necessary step when requesting a new court date. This form allows individuals to formally ask the court to reschedule their hearing. After filling out the form, it must be filed with the court. Ensure that all information is accurate and complete to avoid delays in processing your request.
The California CH-115 form is used to request a new court date for a hearing. This is particularly relevant when there is a Temporary Restraining Order in place. The form allows individuals to ask the court to reschedule the date listed on the Notice of Court Hearing (form CH-109). It is essential for ensuring that all parties have adequate time to prepare for the hearing.
Both protected parties and restrained parties can use the CH-115 form. If you are the protected party, you will skip to section 2. If you are the restrained party, you must provide your contact information. This allows the court and the other party to notify you about the case. Always ensure you have permission if you choose to use an address that is not your home address.
You will need to fill out several pieces of information, including:
Providing accurate information is crucial for the court to process your request effectively.
If the court date is rescheduled, the Temporary Restraining Order (form CH-110) will remain in effect until the new court date unless the court issues a different order. This means that the protections provided by the order continue to apply during the waiting period.
There are a few acceptable reasons for requesting a reschedule, including:
Be sure to clearly state your reason on the form to help the court understand your situation.
Once you have filled out the CH-115 form, it is crucial to file it with the court. Make sure to keep a copy for your records. After printing the form, use the "Clear This Form" button to protect your privacy. This ensures that your personal information does not remain on the device you used to fill out the form.
Incomplete Personal Information: Many individuals forget to fill in their name or the type of party they are (protected or restrained). This essential information is crucial for the court to process the request effectively.
Incorrect Court Information: Failing to provide the correct court name and address can lead to delays. It’s important to double-check that the court details match the location where the original hearing was scheduled.
Missing Case Number: Omitting the case number is a common mistake. This number is vital for identifying your case in the court system and should be clearly indicated on the form.
Insufficient Reason for Rescheduling: Not providing a clear and valid reason for the request can result in the court denying the application. Take the time to explain why rescheduling is necessary, whether it’s for personal service or another valid reason.
Signature Issues: Many people neglect to sign the form or forget to date it. A missing signature can render the request invalid, so ensure that you sign and date the document before submission.
The California CH-115 form is a request to continue a court hearing, particularly in cases involving temporary restraining orders. Several other documents are often used in conjunction with this form to ensure proper legal proceedings. Below is a list of these related forms and a brief description of each.
These documents work together to facilitate the court process and ensure that all parties are informed and protected. Proper completion and submission of these forms can help avoid delays and misunderstandings in legal proceedings.
The California CH-115 form, which is a request to continue a court hearing, shares similarities with the Request for Continuance form used in various jurisdictions across the United States. Like the CH-115, this form allows a party to ask the court to postpone a scheduled hearing. The process typically requires the party to provide reasons for the request, ensuring the court understands the necessity of rescheduling. Both forms emphasize the importance of notifying the other party involved in the case and may require proof of service to demonstrate that all parties are informed of the new hearing date.
Another document similar to the CH-115 is the Motion to Continue. This legal document is often filed in civil and criminal cases to request a delay in proceedings. Just like the CH-115, a Motion to Continue requires the party to outline the reasons for the request, such as needing additional time to prepare or unexpected circumstances that hinder participation. Both documents aim to provide the court with sufficient information to make an informed decision regarding the rescheduling of hearings.
The Affidavit of Service is also akin to the CH-115 form, as it serves to confirm that all parties have been properly notified about the court proceedings. While the CH-115 requests a new date, the Affidavit of Service ensures that the necessary parties are aware of any changes to the schedule. This document plays a crucial role in maintaining transparency and upholding the rights of all individuals involved in the case.
In some cases, the Request for Extension of Time is comparable to the CH-115. This document is often used when a party needs additional time to respond to court orders or filings. Similar to the CH-115, the Request for Extension of Time requires a clear explanation of why the extension is necessary. Both documents reflect the court's willingness to accommodate reasonable requests while ensuring that justice is served in a timely manner.
The Notice of Hearing is another document that shares similarities with the CH-115 form. While the CH-115 is a request to change a hearing date, the Notice of Hearing informs parties about the scheduled date and time of the court proceedings. Both documents serve essential roles in the court process, ensuring that all parties are aware of their obligations and the timeline of the case.
The Motion for Relief from Judgment also resembles the CH-115 in that it seeks to alter a court decision or order. This motion can be filed when a party believes there is a valid reason to change the outcome of a previous ruling. Like the CH-115, it requires the party to articulate the reasons for the request clearly, highlighting the need for the court to consider new information or circumstances.
The Request for Hearing form is similar to the CH-115 as it initiates a court proceeding. While the CH-115 requests a change in an existing hearing date, the Request for Hearing is often used to set a new date for a hearing that has not yet been scheduled. Both forms are integral to the court process, facilitating communication between the parties and the court system.
The Ex Parte Application for Continuance is another document that parallels the CH-115. This application allows a party to request a change in the hearing date without the presence of the other party. Similar to the CH-115, it requires a compelling reason for the request and is often used in urgent situations where immediate action is necessary. Both documents emphasize the importance of timely communication and the need for the court to accommodate legitimate requests.
Lastly, the Petition for Modification is akin to the CH-115 in that it seeks to change a previously established court order. This document is often used in family law cases to modify custody or support arrangements. Like the CH-115, the Petition for Modification requires the party to present valid reasons for the requested changes, ensuring that the court can make informed decisions based on the best interests of those involved.
When filling out the California CH-115 form, there are important steps to follow to ensure your request is processed smoothly. Here are four things you should and shouldn't do:
By following these guidelines, you can help ensure that your request to continue the court hearing is handled appropriately. Take your time, review your information, and seek assistance if needed.
Understanding the California CH-115 form is essential for anyone involved in legal proceedings regarding temporary restraining orders. However, several misconceptions often arise about this form. Here are eight common misunderstandings:
Clarifying these misconceptions can help individuals navigate the legal process more effectively. Understanding the purpose and limitations of the CH-115 form is crucial for anyone seeking to adjust their court hearing schedule.