Tro Hearing Evidence Rules

Summary

In California, evidence for a TRO hearing must be served at least 5 days before the hearing. If not served, you can request the judge to exclude it. If the petitioner requests a continuance, you can argue against it by highlighting the inconvenience and financial burden it causes. Presenting evidence of the petitioners familiarity with legal procedures can support your case. For spousal support, California considers the 4320 factors. To request an extension for document production, file a Request for Order (FL-300) with the court.

Full Conversation

I was served a nonsense TRO and the petitioner hasn't served me evidence or his exhibits yet and it's 5 days from the hearing. He knows about the laws of service. Will the judge proceed with the hearing if I request that only what has been served can be used in the hearing
Hi ****,
To better assist you, could you please provide your location (city/state)? This will help me provide more specific information regarding the local rules on temporary restraining orders (TROs).
Vista California
Hi ****,
Here is some general information that might help you:
- In California, the petitioner must serve you with all evidence and exhibits at least 5 days before the hearing.
- If the petitioner has not done so, you can request the judge to exclude any evidence that was not served in time.
Would you like information on how to contact your local court?

North County Regional Center - San Diego Superior Court


Phone: (*) *-*
Address: * S. Melrose Dr, Vista, CA *
Website: www.sdcourt.ca.gov
Yes

North County Regional Center - Superior Court of California, County of San Diego


Phone: (*) *-*
Address: * S. Melrose Dr., Vista, CA *
Website: www.sdcourt.ca.gov
What if the petitioner asks for a continuance so he can serve me? That seems like an unfair request as I lost my right to possess firearms and have to pay a storage fee. He knows about service and is only delaying because he has no case
Hi ****,
In California, a petitioner can request a continuance. However, you can argue against it by highlighting the inconvenience and financial burden it causes you. The judge will consider both sides before deciding.
Would you need more information on how to present your argument in court?
Yes
Hi ****,
To present your argument effectively in court:
- Clearly explain the inconvenience and financial burden the continuance causes you.
- Emphasize that the petitioner’s delay tactics indicate a lack of a valid case.
- Present any evidence or documentation supporting your claims.
Would you like additional tips on organizing your arguments?
Yes
Hi ****,
Here are some additional tips for organizing your arguments:
- Create an outline of your main points.
- Gather and organize all relevant documents and evidence.
- Practice presenting your argument clearly and concisely.
Would you like information on what documents might be useful in your case?
Yes
Hi ****,
For your case, here are some documents that might be useful:
- Proof of firearm storage fees and related financial statements.
- Any communication or proof showing the petitioner’s delay tactics.
- A detailed timeline of events.
- Your original response to the TRO.
Would you like more details on how to gather these documents?
Can I bring to the courts attention the * dozen times petitioner has been to court
Hi ****,
Yes, you can bring to the court's attention the petitioner's previous court appearances. This can help establish a pattern of behavior.
Would you like tips on how to present this information effectively to the judge?
Yes
Hi ****,
Here are some tips on presenting the petitioner's previous court appearances effectively:
- Gather records of the petitioner's past court appearances.
- Highlight any patterns of behavior that show misuse of the legal system.
- Be concise and focus on how these patterns support your argument.
Would you need information on how to obtain the records of these past court appearances?
Yes
Hi ****,
To obtain records of the petitioner's past court appearances, you can:
- Visit the courthouse where the cases were filed and request the records from the clerk.
- Check the court’s website for online access to case records.
- Provide as much detail as possible (case numbers, dates, etc.) to facilitate the search.
Would you like guidance on how to request these records from the court clerk?
I need to specifically emphasize he knows about the rules of service. How do these records prove that?
Hi ****,
To emphasize that the petitioner knows about the rules of service, you can:
- Highlight his previous court appearances to show his familiarity with legal procedures.
- Point out any previous instances where he complied with service rules.
- Use any communication or documentation where he acknowledges understanding service rules.
Would you like more tips on how to structure this argument?
Yes
Hi ****,
Here are some tips to structure the argument that the petitioner knows about the rules of service:
- Start with an introduction explaining the importance of service rules.
- Present evidence of the petitioner's past compliance with service rules.
- Highlight his legal knowledge from previous cases.
- Conclude by emphasizing the intentional delay tactics.
Would you need assistance in preparing any specific part of this argument?
In family law what are the * factors
Hi ****,
The * factors in California family law are used to determine spousal support. They include:
- Duration of the marriage
- Age and health of the parties
- Needs based on the standard of living
- Earning capacity of each party
- Contributions to the other’s education/career
Would you like more details on any specific factor?
I was served by my ex-wife a request for my bank statements with a bunch of details. I'm also involved in two other court matters so will not be able to respond within 30 days. In Vista California how do I request an extension to produce the requested documents
To request an extension to produce the requested documents in Vista, California, you can:
- Contact your ex-wife's attorney to seek a mutual agreement for an extension.
- File a motion with the court requesting more time.
Have you considered reaching out to your ex-wife's attorney for a mutual agreement first?
Her lawyer is very nasty. What form would I use to request more time
To request an extension to produce the requested documents in Vista, California, you can file a motion with the court. Specifically, you should file a "Motion for Extension of Time."
Would you like more detailed guidance on how to complete and file this motion?
Yes
To file a "Motion for Extension of Time" in Vista, California:
- Fill out the appropriate motion form (check the San Diego Superior Court website for forms).
- Include reasons for your request and any supporting documents.
- File the motion with the court clerk and serve a copy to your ex-wife's attorney.
Would you like more detailed steps on filling out the form?
What form do I use?
To request an extension to produce the requested documents in Vista, California, you can use the form called "Request for Order" (FL-*).
Would you like more detailed steps on how to fill out and file this form?