This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
Responsive declaration, also known as a responsive pleading, is a legal document filed by a defendant in response to a plaintiff's complaint. It is a formal written statement that addresses and admits or denies each allegation made by the plaintiff in their complaint. The purpose of a responsive declaration is to inform the court and the plaintiff about the defendant's position and to assert any defenses or counterclaims. The deadline to file a responsive declaration is typically set by the court and varies based on jurisdiction, case type, and other factors. However, in certain situations, a party may request an extension for the deadline to submit their responsive declaration. There are several types of responsive declarations that can be filed to request an order deadline extension. These include: 1. Motion for Extension of Time: This type of responsive declaration is used to formally request additional time to file the responsive declaration. The party must provide valid reasons for needing an extension, such as the need for further investigation or unavailability of crucial evidence. 2. Ex Parte Application for Extension of Time: In urgent situations where the deadline is imminent, a party may file an ex parte application for an extension of time. This type of responsive declaration requires demonstrating exceptional circumstances or irreparable harm if the extension is not granted. The court will consider the urgency and potential impact before granting or denying the request. 3. Stipulation and Order for Extension of Time: When both parties agree to an extension, they can file a stipulation and order for an extension of the deadline. This collaborative approach is often beneficial in avoiding unnecessary time and resources spent on litigation. 4. Response to Plaintiff's Motion for Order Deadline Extension: If the plaintiff requests an extension for the order deadline, the defendant may file a response opposing the motion. This type of responsive declaration allows the defendant to present arguments against the extension, emphasizing the potential prejudice or delay caused by granting the request. In conclusion, a responsive declaration to request an order deadline extension is an essential legal document used by defendants to respond to the plaintiff's complaint. By filing the appropriate type of responsive declaration, parties can ensure that their position is conveyed to the court effectively and within the given timeframe.