FOC 61, Objection to Ex Parte Order and Motion to Rescind or Modify 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling out the 'Case No.' section using your court papers. Ensure accuracy as this is crucial for your case.
  3. In the 'Plaintiff' and 'Defendant' boxes, copy the names from your court documents. This ensures that all parties are correctly identified.
  4. As the 'moving party,' write your name in the designated area. Then, indicate the date of the ex parte order found at the bottom of that order.
  5. Check applicable boxes regarding your objections and provide a brief explanation for each. If more space is needed, utilize a separate sheet.
  6. Sign and date the form. Contact the friend of the court office to obtain a hearing date before completing that section on the form.
  7. After scheduling, fill in details about the judge, hearing date, time, and location before filing with your county clerk.
  8. Make copies as instructed and serve them to involved parties via first-class mail. Complete the Certificate of Mailing on remaining copies.

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What are the Disadvantages of Ex Parte? Lack of Representation: Since ex parte orders are issued without the other party being present, the accused parent doesnt have a chance to defend themselves initially. Temporary Nature: Ex parte orders are usually temporary and meant to provide immediate protection.
How do I respond if the other party files an ex parte motion against me? Act immediately you typically have very little time to respond. Prepare a written opposition if possible, addressing each claim specifically. Gather relevant evidence to counter the emergency allegations.
If the respondent appears and doesnt contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial. You and the respondent will each testify and present evidence.
An ex parte motion is requesting a judge to make a decision without requiring all of the parties to the issue being present. Of filing an ex parte motion you must also include a proposed order.
The Latin ex parte means on the one side only. You can also use it to mean from a one-sided or prejudiced point of view. Definitions of ex parte. adjective. (law) on behalf of or involving only one party.