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Sample Ex-Parte for Stay of Execution of Judgment in California

Sample Ex-Parte for Stay of Execution of Judgment in California 2025

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The document outlines the process for filing an ex-parte application in a California Superior Court to stay the execution of a judgment. It includes sections for the notice of application, legal arguments supporting the request, and declarations from involved parties. The applicant must demonstrate potential irreparable harm if the judgment is enforced and provide specific facts to support their claim. Additionally, it details deadlines for appealing judgments and provides templates for various scenarios related to civil cases.

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What are examples of ex parte proceedings?

Ex parte meaning and uses Here are some examples of situations that might warrant an ex parte hearing: Domestic violence cases: A victim seeks immediate protection through a temporary restraining order. Child custody matters: A parent requests temporary sole custody when theres immediate danger to the childs safety.

What are the grounds for ex parte application in California?

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).

Why would someone get an ex parte order?

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.

What is ex parte in simple terms?

Latin term meaning by or for one party. The term refers to an attorneys communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties. Another party outside the presence of that partys attorney.

What is an example of a stay of execution?

One example of a stay of execution in the death penalty context was the James Autry case. Autry was already strapped down to the execution table in Texas on 4 October 1983 when the order came to stop the execution. He was executed a few months later, on 14 March 1984.

How to write an ex parte?

To format the order effectively, include a heading with the names of the parties, the court, and the case number. Begin with a brief introduction that explains the purpose of the ex parte order, followed by a statement of facts that summarizes the relevant events and evidence.

Sample Ex-Parte for Stay of Execution of Judgment in California 2025

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