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Going Ex Parte in 8 Steps

exparte_stk15700wbfWhen time is of the essence, you may need to apply to the court for an ex parte order instead of following the noticed motion procedure. These steps will get you on your way—and fast!

Here’s a checklist of what you need to do to apply for an ex parte order in California:

1. Prepare your moving papers, including:

  • written application for an order;
  • declaration in support of the application;
  • competent declaration showing that the required advance notification was given or excused;
  • proposed order, which should be appended to the application;
  • supporting memorandum, which is usually brief and attached to the application;
  • any other necessary declaration or documents in support of the motion; and
  • proof of service form.

2. Give all of the parties notice of the ex parte hearing no later than 10:00 a.m. the court day before the ex parte appearance (Cal Rules of Ct 3.1203(a)).

3. Serve copies of the moving papers by delivery or mail on all the other attorneys of record and unrepresented parties, or, if service can’t be made or wouldn’t give notice by 10:00 a.m. on the court day before the hearing, notify by telephone of the nature of relief requested and when and where the ex parte application will be made, and then serve copies of moving papers at the hearing.

4. Try to determine whether the opposing party will appear to oppose your application.

5. Present your papers to the judge and request signing of the order (ordinarily, the attached proof of service form should show sufficient lapse of time for the other parties to have made objections known to the judge).

6. Prepare conformed copies of your application and signed order.

7. Serve copies on the other parties.

8. File signed original.

For the details on each of these steps, turn to CEB’s California Civil Procedure Before Trial, chapter 13.

Other CEB blog posts you may find interesting:

© The Regents of the University of California, 2013. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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