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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 a legal procedure for filing an ex-parte application to stay the execution of a judgment in a California Superior Court case. It includes sections for the notice of application, memorandum of points and authorities, declaration of the moving party, and an ex-parte order after hearing. The applicant must demonstrate that executing the judgment would cause irreparable harm and provide specific facts supporting their claim. Additionally, it details deadlines for appealing judgments and requirements for notifying opposing parties.

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How to use or fill out Sample Ex-Parte for Stay of Execution of Judgment in California

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Click ‘Get Form’ to open it in the editor.
Begin by filling in your contact information at the top, including your name, address, and phone number.
In the section labeled 'Superior Court of the State of California', specify the county where your case is filed.
Enter the names of the plaintiff and defendant as they appear in your case, along with the case number.
Complete the 'Notice of Ex-Parte Application' section by providing details about the date and time you plan to file your application.
In the body of the application, clearly state your reasons for requesting a stay of execution, including any specific facts that support your claim.
Attach any necessary declarations or evidence that substantiate your request for a stay.
Review all entries for accuracy before saving or printing your completed form.

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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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