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The notice must include a statement of the relief being requested, a statement that the opposing party is entitled to attend the court hearing in person or by an attorney, the specific date and time of the hearing, and the name and address of the court where the Ex Parte Application will be presented.
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
If a child is in immediate danger from abuse, neglect, or threats, an ex parte order can offer fast protection. For example, if there is evidence that a child is being physically harmed or neglected, a judge can issue an ex parte order to remove the child from that environment right away.
Proceeding ex parte means to move forward with legal action without the presence or input of the other party. In court, it typically refers to emergency situations where one party seeks immediate relief.
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