The Statement of Intent to Respond to a Motion (SOIR M) is an important document within California family law proceedings. It serves as a formal notification to the court and the opposing party, indicating your intention to submit a response to a motion, specifically a Request for Order (RFO). When one party initiates a family law case or seeks to modify existing orders by filing a Request for Order, the other party who wishes to contest or respond to that request must utilize the SOIR M. This document ensures that all parties are aware a response is forthcoming, which helps manage court dockets and expectations.
Understanding the Statement of Intent to Respond
The SOIR M is a formal declaration in California family law cases, officially known as Judicial Council Form FL-320. This form is specifically designed for parties who intend to file a written response to a Request for Order (Form FL-300), which is used to ask a judge to make decisions about specific issues like child custody, support, or property control. The SOIR M acts as a procedural gatekeeper, informing both the court and the moving party that a formal answer will be provided. Its function is to manage court calendars and streamline the litigation process by establishing an expectation of a response.
Key Elements and Filing Process
The official form for the Statement of Intent to Respond is Judicial Council Form FL-320. The responding party in a family law case is responsible for completing and filing this form. This process involves adhering to strict deadlines: the FL-320 must be filed with the court and served on the other party at least nine court days before the scheduled hearing date. The form requires specific information, including the case name, case number, and the date of the scheduled hearing, and you must indicate the specific orders from the original Request for Order (Form FL-300) that you intend to oppose or respond to. Proper service of the FL-320 on the opposing party is as important as filing it with the court, ensuring they receive formal notice of your intent.
Implications of Filing or Not Filing
Filing the Statement of Intent to Respond (SOIR M) is a crucial step that preserves your right to be heard by the court. By submitting this form, you formally inform the judge and the opposing party of your intention to present your arguments and evidence in response to the motion, ensuring the court considers your side before making any decisions.
Conversely, choosing not to file the SOIR M can have significant consequences. If you fail to file this document, the court may proceed with the hearing based solely on the moving party’s request and evidence, potentially leading to a default ruling on the motion. Furthermore, timely filing of the SOIR M can signal to the other party that you are engaged in the legal process and prepared to litigate, which can sometimes open avenues for negotiation and resolution outside of court.
Next Steps After Filing
Filing the Statement of Intent to Respond is merely the initial step in formally responding to a Request for Order. After the SOIR M has been filed and properly served, the responding party must then prepare and file their actual written response. This typically involves completing a “Responsive Declaration to Request for Order,” with the detailed declaration and supporting documents attached as exhibits. These additional documents provide the specific facts and legal arguments supporting your position. Finally, attending the scheduled court hearing is essential, as the judge will review all submitted documents and hear oral arguments from both parties before making a decision.