Submit documents for your family law hearing
When you file a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320), you can also submit documents or other evidence (like a witness statement) to support what you say.
When to submit your evidence
For the judge to consider your evidence, you usually need to file it with the court and give a copy of it to the other side (have it served) before the hearing. It's usually easiest to do this by including the documents with your Request for Order or Responsive Declaration. You can also file and serve it later.
How to submit evidence for your hearing
Get copies of documents that help support your case
Attach or file these with your Request for Order or Responsive Declaration so the judge can consider them at the hearing. Black out private information, like Social Security numbers.
Get statements from any witnesses
Sometimes other people know or saw things that will help your case. These are your witnesses. This might be someone like your boss, a counselor or social worker, teacher, or medical doctor.
You don’t need a witness, but sometimes it helps to have someone who is not part of your case support what you’re saying.
Example Witness: Boss
You say you earn less than your spouse says because your overtime was cut. You could ask your boss to write something explaining why your hours were cut.
Example Witness: Counselor
If alcohol or drug abuse is an issue in your case, you can ask your counselor if they can write about your progress in substance abuse counseling.
You can ask your witness to write down what they know and swear what they say is true using a Declaration (form MC-030).
You can have them write down their statement on a blank piece of paper. Right before signing, they need to write:
"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
In some cases, you may want the person to testify (say what they know and answer questions in court). If you do, you can let the court and other side know by filing and serving a Witness List (form FL-321).
File and serve your documents and statements
The documents and declarations need to be filed and then served to your spouse or the other parent before your court date.
- You can attach it to or file it with your Request for Order or Responsive Declaration. Then have it served with these papers.
- You can also file them later. Attach the documents to a cover sheet, like the Declaration (form MC-030). List the documents you are attaching on the cover sheet (the name and a short description) and explain that they're for the upcoming court date. Once filed, you will need to have these served.
If you can't get the documents filed and served before your court date, you can bring copies to your court date. You will need a copy for yourself, the judge, and the other side. It will be up to the judge to decide if they will consider these documents. The judge may not consider them if they weren't filed and served before your court date.