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Court Rules

California Rules of Court

Rule 5.402. Request for default; forms

Cal. Rules of Court, rule 5.402

Current text effective January 1, 2013.

#(a) Forms

No default may be entered in any proceeding unless a request has been completed on a Request to Enter Default (form FL-165) and filed by the petitioner. However, an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) are not required if the petition contains no request for support, costs, or attorney's fees. A Property Declaration (form FL-160) is not required if the petition contains no request for property.

#(b) Service address required

For the purpose of completing the declaration of mailing, unless service was by publication and the address of respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.

#History

Rule 5.402 adopted effective January 1, 2013.

What this rule requires

Document Filing Requirements

  • No default may be entered in any proceeding unless a request has been completed on a Request to Enter Default (form FL-165) and filed by the petitioner.

  • However, an Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) are not required if the petition contains no request for support, costs, or attorney's fees.

  • A Property Declaration (form FL-160) is not required if the petition contains no request for property.

  • For the purpose of completing the declaration of mailing, unless service was by publication and the address of respondent is unknown, it is not sufficient to state that the address of the party to whom notice is given is unknown or unavailable.

Official text: courts.ca.gov , checked October 19, 2026.