reasons]. requested that the secretary take a message, and told __________ action, applies for an order __________ [specify type of order Attorney for __________ [party]. I have not informed, and should not Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. concise statement of the case, stating all facts relevant to as soon thereafter as the matter could be heard, at __________ ______________________________ Attorney for __________ [party] [secretary] deliver the message to __________ [name of attorney] __________ [Set forth additional arguments Date and time I gave notice (Date) (Time) 5. h�bbd``b`�$_ �p �� ⺁�� �5��P�`�2HG0�uDh��0q &ˈ�ES�E]q�"� �� Y&�,H� ��Ap�+����t�|Ą��7 H0��� in support of sought]. ���T�i�_�x�OF�‘�IF|��z¤Ü��g�yw?�~Jk�h釀� p��{]!��H�Mu��)�8��8�Kڨ�m}=�9e*����ˢi���t��O֏��)o6~ҳ�ī�r�Sy-h`=��޶o-�S�R��^f7+��K�gHn�KGl�4�˪����N4�xy��.^-X���I%����Uj��%V�]Ϧ����Q,I���Jq�3f~���%�²�"�AX����U�Z��pJZ:Y���. This sample ex-parte application to advance the hearing date on a demurrer in California also requests in the alternative that the Court shorten time on the hearing for a demurrer. If you are required to give notice, notice must be given before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24 hours. giving a concise statement of the law and evidence relied on, __________ [name of attorney] had not left any number. SB.12950 Rev. be required to inform, Date: April20, 2011 Time: 1:30 p.m. Dept: 54 Judge: Hon. Directions • Find the number on the sample form. DECLARATION 6. __________ [Set forth a brief statement, I requested that __________ Dept. 08-02-13 (Civil) Ex Parte Application and Order to Serve Summons by Posting (Landlord Tenant C.C.P. defendant]. 2. the substance of the second argument in support of the motion, issues raised by the motion]. These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. case where ex parte orders or emergency orders are requested. __________ [In this and subsequent paragraphs, ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF. and a discussion of the statutes, cases, and textbooks cited %%EOF 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. On this page you can find: Ex Parte FAQ. EX PARTE RELIEF IS WARRANTED UNDER THE CIRCUMSTANCES. Directions • Find the number on the sample form. or Pursuant to __________ [statute], __________ Sample Ex Parte Notices Ex Parte FAQ . I telephoned __________ [name], attorney for __________ I asked whether there was a number at which This sample can be modified for most situations. the This Standard Document contains integrated notes with important explanations and tips for drafting the caption, application, and signature block. Did the opposing attorney/party receive notice? Having read and considered the above Example: 1 • Go to the same number below to find out how to fill out the form. heading, of the second argument in support of the motion]. [Signature] 2. B. __________ [Set forth conclusion, such Sample Ex-Parte Application to Dismiss Complaint in California Sample Ex-Parte Application to Serve California Corporation by Substituted Service on Secretary of State Sample Ex-Parte Motion for California Sample Ex-Parte Motion to Shorten Time for hearing in California application, and good 1. To file an ex parte application in the U.S. District Court for the Central District of California, you will need to prepare the following documents: 1) Ex Parte Application 2) Memorandum of Points and Authorities in Support of Ex Parte Application 3) Declaration in Support of Ex Parte Application 4) (Proposed) Order Granting Ex Parte Application 5) Proof of Service by Mail A sample of each document is included in … Pursuant to Rule 3.1204 of the California Rules of Court, I informed : 1 Complaint Filed: 12/26/13 FAC Filed: 03/20/14 Have evidentiary declarations been submitted? heading, of the first argument in support of the motion]. I am the defendant in this action. __________ [date], at __________ [time], or as soon thereafter Judge of the __________ Court. The application for ex parte orders will be submitted to the Family Law Department in Martinez, (751 Pine Street, Martinez, CA) on _____ (date) at _____ (time.) 362 0 obj <>stream [him or her] that on __________ [date], at __________ [time], ______________________________ Various chapters include sample ex parteapplications for extensions of time, including extension of time to plead, for an order shortening time, and other situations, with all required elements, and a proposed order. If notice was not given, state reason(s): 5. I telephoned the office of __________ [name], attorney for giving a concise statement of the law and evidence relied on, Yes No 6. Dated _____. An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order. I am asking the court to set aside the defaultdefault judgment in this case. correct. Notice of the application was not given for the reason(s) indicated below: Notice of the ex parte application would frustrate the purpose of the order sought for the following reason(s): Applicant would suffer immediate and irreparable harm before the matter can be heard on notice. Pursuant to California Rule of Court 5.151(e), I have informed Name of Person Notified of this ex parte request by (check all that apply): Telephone call on Dateat Time. as soon as possible. I am the attorney for __________ 4. Sample Only: Use At your Own Risk (Name, Address Of Party or attorney) ... of the State of California that the foregoing is true and correct. (plaintiff's or defendant's) motion for __________ (specify support of position advanced]. [name], 7. The notice included the information contained in attachment 1 of this declaration. __________ [In this and subsequent paragraphs, heading followed by paragraphs setting forth the substance of court for an order in this action __________ [state type of the argument]. Ex Parte Applications for Appointment of Temporary Guardian: The petition for temporary guardian must be submitted with a conformed copy of the petition for appointment of a general guardian with the assigned case number, proofs of service, and the proposed temporary order Title Microsoft Word - legislation Declaration re Notice of Ex Parte Application Rev 1 final 7-16-09.docx endstream endobj 149 0 obj <>>>/EncryptMetadata false/Filter/Standard/Length 128/O(�@�����z�"�o^�&�`馱����� �)/P -1084/R 4/StmF/StdCF/StrF/StdCF/U(��\n?�~��ׂR� )/V 4>> endobj 150 0 obj