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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
The CIV-025 form isnecessary when a party involved in a civil case needs the court to reissue an Order to Show Cause and a Temporary Restraining Order. This situation typically arises when the previous order could not be executed , for example, the inability to serve the opposing party in a timely manner. The reissuance ensures that the court's instructions are followed and the proceedings can continue as planned.
- Filed after an initial Order to Show Cause and Temporary Restraining Order has been issued.
- Triggered by unsuccessful service of the original order to the defendant/respondent.
- Occurs when a hearing date has previously been set but needs to be extended due to service issues.
- Could follow unsuccessful attempts to serve related documents, like proof of service forms.
Prior to using this form, the party would typically have already filed a Request for Order (RFO) or an original Order to Show Cause and Temporary Restraining Order, which outlines the court’s initial instructions and expectations. If service issues arise with those initial documents, the CIV-025 form is needed to properly inform all parties that the case proceedings need to be rescheduled.
1. Determine Necessity: Confirm the need to reissue an Order to Show Cause and Temporary Restraining Order because the defendant was not served or for other valid reasons.
2. Complete the Form: Fill out the CIV-025 form, providing details such as original issuance date, last hearing date, and reasons for reissuance.
3. File the Form: Submit the completed form to the Clerk's Office at the Superior Court of California in the county where your case is filed.
4. Service: Ensure that a copy of the reissued order is served to all parties involved, including law enforcement, as specified in the form instructions.
5. Attend the Hearing: Be present on the new court date scheduled after reissuance.
Fill Out Original Date
Ensure you fill out the exact date when the original Order to Show Cause was issued. This information is crucial for the court to track the history of the order and ensure the context is clear.
Previous Reissuance Count
Indicate the number of times the Order to Show Cause has been reissued previously. This count helps the court assess if the orders are being frequently delayed or extended, which can influence the decision to grant another reissuance.
Address Service Issues
If the reissuance is requested due to problems in serving the defendant/respondent, provide details about these service challenges. Be specific about what attempts were made to serve and why they were unsuccessful, as this can justify the need for reissuance.
Delivery Responsibility
Carefully note who is responsible for delivering a copy of the order to law enforcement agencies. This task could be on the plaintiff, their attorney, or the court clerk, and incorrect delivery could impact enforcement of the order.
Attachments Requirement
Attach this reissuance order to any documents served on the defendant, as required by the Order to Show Cause. This ensures that the defendant is fully informed of the updated status and requirements before the new hearing date.
1
Keep a copy of the reissued Order to Show Cause and Temporary Restraining Order for your records and ensure it is properly documented as part of your case file.
2
Serve the defendant/respondent with a copy of the reissued Order to Show Cause, the Temporary Restraining Order, and any other relevant documents as outlined in the order. Ensure service is completed by the deadline specified by the court.
3
File a Proof of Service with the court to confirm that the defendant/respondent has been properly served with the required documents before the new hearing date.
4
If required, deliver a copy of the reissued order and proof of service to the law enforcement agencies named in the original Order to Show Cause for enforcement purposes.
5
Attend the newly scheduled court hearing on the date indicated in the reissued order, being prepared to present your case and any additional evidence or witnesses if necessary.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
