WV-115-INFO How to Ask for a New Hearing Date

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You may need to ask for a new court date if:
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You are the petitioner and are unable to have Notice of Court Hearing (form WV-109) and other papers 
served in time before your court date.
You are the respondent and making your first request to reschedule your court date.
You have a good reason for needing a new court date. (The court may grant a request to reschedule your 
court date on a showing of good cause.)

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What does form WV-115 do?
Use Request to Continue Hearing (form WV-115) to ask the court to reschedule your court date. If your court 
date is rescheduled and a Temporary Restraining Order (TRO; form WV-110) was granted, the TRO will be 
extended until the end of your new court date unless the court decides to modify or terminate it. “Extend” means 
to keep any temporary orders in effect until the new court date.

Follow these steps:
•  Fill out all of form WV-115.
• 
•  The judge will need to review your papers. In some courts, you must give your papers to the clerk. Ask the 

on Order on Request to Continue Hearing (form WV-116).

Fill out items  1

through

2

court clerk for information on how you ask the judge to review your papers.

•  After you turn in your forms as required by your local court, check with the clerk’s office to see if the judge 

approved (granted) your request to reschedule your court date.

•  If the judge signed form WV-116, the court will give you a new court date. If the judge did NOT sign the 

form, you should go to court at the date, time, and location on form WV-109.

•  Next, file both forms WV-115 and WV-116 with the clerk. The clerk will make up to three file-stamped 

copies for you. Keep at least one copy to bring to your court date.

•  The other party must be served a copy of the court papers as described in item      
6
•  Ask the person who serves the papers to complete a proof of service form and give it to you. If service was 

on form WV-116. 

in person, use Proof of Personal Service (form WV-200). If service was by mail, use Proof of Service—Civil 
(form POS-040). Make two copies of the completed forms.
File the completed and signed proof of service form with the clerk’s office before your court date.

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•  If the court reschedules your court date and extends the TRO to the end of your new court date, the clerk will 
send the TRO to law enforcement. It will be entered into a statewide computer system that lets police know 
about the order so that it can be enforced.

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Go to your court date
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Take at least two copies of your documents and filed forms to your court date. Include a filed proof of service 
form. “Documents” may include exhibits, declarations, and financial statements, and the court may enter them 
into evidence at its discretion. 
If you are the petitioner and you do not go to your court date, the TRO will expire at the end of your court date.
If you are the respondent and you do not go to your court date, the court can still make orders against you that 
can last for up to three years.

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Need help?
Ask the court clerk about free or low-cost legal help that may be available in your county.

Judicial Council of California, www.courts.ca.gov  
Revised January 1, 2020, Optional Form 
Code of Civil Procedure, § 527.8(p)

How to Ask for a New Hearing Date 
(Workplace Violence Prevention)

WV-115-INFO, Page 1 of 1