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When can I file an 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).

What is an ex parte order?

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

How do I get an ex parte order in California?

A Temporary Order is only issued upon a showing of irreparable harm or immediate danger as set forth in Family Code Section 3064 and California Rules of Court Section 5.151(d). If you are the Petitioner and you are requesting ex parte orders, the Respondent must have already been served with the Summons and Petition.

How do you respond to an ex parte order?

An ex parte motion does not require a response from the opposing party for an order to be passed, and therefore, has a much smaller window of time before the order is passed for the respondent to respond to the motion. A regular motion requires the opposing party to respond to the motion before an order is passed.

Why is it called ex parte?

\u201cEx parte\u201d is a Latin phrase meaning \u201con one side only; by or for one party.\u201d An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.

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