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Ex parte application california sample

Example of california ex parte application california 2025

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The document is an Ex Parte Application for an Order Authorizing Completion of a Capacity Declaration under HIPAA, related to a conservatorship case in California. It outlines the applicant's request for the court to allow designated declarants to complete and submit a Capacity Declaration regarding the proposed conservatee's medical condition or mental capacity, without the proposed conservatee's consent for disclosure of private medical information. The application seeks to excuse the proposed conservatee from attending the hearing and requests that notice of hearing on this application be dispensed with.

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What is the rule for ex parte notice in California?

A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

What is an example of an ex parte proceeding?

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 is the basis for an ex parte application?

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.

How does an ex parte work in California?

An ex parte hearing is an urgent matter and is requested by one party with short notice to the opposing party. Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing.

How do I serve an ex parte application in California?

All ex parte applications with supporting documents, proof of service and orders must be electronically filed and served on all persons entitled to notice no later than 10:00 a.m. the day before the hearing except for Temporary Conservatorships, Temporary Guardianships, and Letters of Special Administration with