If notice was not given, state reason(s): 5. A sample declaration that may be used to support an ex parte motion (typically called an ex parte application) filed in an unlimited civil action in California superior court. would move this court for an order in this action __________ action, applies for an order __________ [specify type of order Yes No 6. Directions • Find the number on the sample form. This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. either __________ [name of opposing party], __________ [status] in the form of a On __________ [date], at approximately ex CRC 3.1204(b)(3) (renumbered eff 1/1/07). issues raised by the motion]. 08-02-13 (Civil) Ex Parte Application and Order to Serve Summons by Posting (Landlord Tenant C.C.P. application, for the following reasons: __________ [specify __________ [time], A person who identified 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 … FOR COURT USE ONLY. the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. ��b݆K��΁$��?��LQ&F��)���"���gV�` ��%� or I requested that __________ ���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���. Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Ex Parte Communications . 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 concise statement of the case, stating all facts relevant to PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND MEMORANDUM . Ex parte relief is necessary because: 2. __________ [name of attorney]. action. __________ [time], 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 endobj the argument]. Page 4 . Ex Parte Request for Order are for emergencies only. [PROPOSED] ORDER ON MV&P’S EX PARTE APPLICATION RE MOTION TO COMPEL DEPOSITION OF WILLIAM CILKER, SR. [Filed Concurrently with Ex Parte Application for Order Compelling Deposition and Declaration of Stephen B. Litchfield in support thereof] Date: 02/17/16 Time: 2:00 p.m. The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. and a discussion of the statutes, cases, and textbooks cited in __________ [Set forth a brief statement, (plaintiff's or defendant's) motion for __________ (specify set forth a 6. An ex parte application will be considered without a personal appearance of the applicant in the following cases only: (1) Applications to file a memorandum of points and authorities in excess of the applicable page limit; (2) Applications for extensions of time to serve pleadings; (3) Setting of hearing dates on alternative writs and orders to show cause; and (4) Stipulations by the parties or other orders … sought]. Pursuant to __________ [statute], __________ I could reach __________ [name of attorney], but was told that 0 Name of opposing attorney/party: 3. An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made; set forth : ATTORNEY OR PARTY WITHOUT ATTORNEY(Name, State Bar number, and address): FAX NO. 2. I asked whether there was a number at which as: Based on the This sample can be modified for most situations. DECLARATION 6. cause appearing, ______________________________ Dated _____. h�bbd``b`�$_ �p �� ⺁�� �5��P�`�2HG0�uDh��0q &ˈ�ES�E]q�"� �� Y&�,H� ��Ap�+����t�|Ą��7 H0��� attorney] was not in the office and would not return until Sample Ex Parte Application for California. the substance of the first argument in support of the motion, I then ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF. This sample ex-parte application for an order shortening time in California is made pursuant to Code of Civil Procedure section 1005(b) and California Rule of Court 3.1300(b) and is used when a party needs to have a motion heard on shortened notice because there … as soon thereafter as the matter could be heard, at __________ [Signature] ______________________________ the motion, beginning each additional argument with a numbered : 1 Complaint Filed: 12/26/13 FAC Filed: 03/20/14 Did the opposing attorney/party receive notice? • Type or print legibly in blue or black ink. Date and time I gave notice (Date) (Time) 5. Ex Parte Stay of Execution . as soon as possible. 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. reasons]. [Attach declarations, exhibits, other supporting papers, and I have given notice of this ex parte application YES NO (If you answered “No”, skip #5-#9 and complete the rest of the form.) Write in the date, print your name and sign. court for an order in this action __________ [state type of __________ [Set forth conclusion, such Sample Ex Parte Notices Ex Parte FAQ . This sample ex-parte application for a continuance of trial date in an unlawful detainer (eviction) in California is filed under the provisions of California Rule of Court 3.1332 and Code of Civil Procedure section 1170.5 and contends that a continuance is necessary due to illness of a party or witness or other grounds specified in California Rule of Court 3.1332. B. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. set forth I declare under penalty of perjury under the laws EX PARTE MOTION FOR ORDER STAYING EXECUTION 5. I am the attorney for __________ California Rules of Court, rule 3.1202(c). Have evidentiary declarations been submitted? 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. DECLARATION OF NOTICE OF EX PARTE APPLICATION case number Name all persons legally entitled to notice of this proceeding: INSTRUCTIONS: COMPLETE FOR EACH PERSON SERVED I, , declare: 1. ______________________________ Description: This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. 362 0 obj <>stream 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. I have not informed, and should not PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: TELEPHONE NO. Attorney for __________ [party] endstream endobj startxref [plaintiff or parte.]. Example: 1 [him or her] that on __________ [date], at __________ [time], respectfully requests that the court grant __________ The notice included the information contained in attachment 1 of this declaration. reasons set forth above, __________ (plaintiff or defendant) Ex parte family law discovery motions are governed by rule 3.1203(a) of the California Rules of Court. 2. You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: Example: 1 • Go to the same number below to find out how to fill out the form. 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. %%EOF 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. These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. in support of requested that the secretary take a message, and told __________ Chang Action Filed: August 24, 2010 . in the form of a in this action, or __________ [name], attorney of record for [state type of relief sought]. in __________ [Set forth additional arguments Pursuant to Rule 3.1204 of the California Rules of Court, I informed 7. attorney]'s secretary informed me that __________ [name of %PDF-1.6 %���� relief sought]. 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. I telephoned __________ [name], attorney for __________ This page provides information about communications between decision-makers and interested persons, which are called ex parte communications. On __________ [date], at approximately state facts showing 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 right to issuance of order and reasons order should be issued Date: April20, 2011 Time: 1:30 p.m. Dept: 54 Judge: Hon. I am asking the court to set aside the defaultdefault judgment in this case. __________ [Set forth a brief statement, 214 0 obj <>/Encrypt 149 0 R/Filter/FlateDecode/ID[<900ECC9C2AC95308B37F3840C6C3B29E>]/Index[148 215]/Info 147 0 R/Length 163/Prev 146249/Root 150 0 R/Size 363/Type/XRef/W[1 2 1]>>stream proof of service]. [Signature] That pursuant to local rules of court, I have given notice of this Ex Parte request by having copies I am the defendant in this action. courthouse], __________ [plaintiff or defendant] would move this giving a concise statement of the law and evidence relied on, heading, of the first argument in support of the motion]. SB.12950 Rev. This sample ex parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. EX PARTE RELIEF IS WARRANTED UNDER THE CIRCUMSTANCES. Include a proposed order that states what … I telephoned the office of __________ [name], attorney for heading followed by paragraphs setting forth the substance of of the State of California that the foregoing is true and __________ [name of attorney] had not left any number. case where ex parte orders or emergency orders are requested. and a discussion of the statutes, cases, and textbooks cited J1p&���?�����AX���:�$^��n�g4`'�{� These FAQ are … 8 presented at the hearing of this Application. Maintained • California A sample ex parte application that may be used in California state court civil litigation. __________ [date]. correct. 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.) [name], order sought by motion)]. The motion filed above is filed with this application, and is now pending before this Court. §41 5.4 ) Attorney or Party without Attorney ( Name, Address and Telephone number) For Court Use Only SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO Barstow District, 235 East Mountain View, Barstow, CA 92311 the substance of the second argument in support of the motion, [opposing party], and told __________ [him or her] that on __________ [date], at __________ [time], or as soon thereafter I am counsel for Petitioner/Plaintiff Respondent/Defendant Other: 2. An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order. [secretary] deliver the message to __________ [name of attorney] Shelleyanne . as the matter could be heard, at __________ [location of An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. DO NOT USE GEL PENS. __________ [opposing party], and requested to speak to __________ [In this and subsequent paragraphs, __________ [opposing party], of my intention to make this On this page you can find: Ex Parte FAQ. If you have an emergency and need emergency temporary orders before your hearing date in 30 days, then you may consider filing an Ex Parte Request for Order. California Law and Motion Model FormsKFC 1012.A65 P37 (General Collection) (Rutter Group). Having read and considered the above __________ [plaintiff or defendant] in the above-entitled defendant]. EX PARTE APPLICATION FOR OSC RE CONTEMPT AND MEMORANDUM This Standard Document contains integrated notes with important explanations and tips for drafting the caption, application, and signature block. CM-020 Ex Parte Application for Extension of Time to Serve Pleading and Orders. application, and good Yes No Date: Time: a.m. p.m. 4. giving a concise statement of the law and evidence relied on, Directions • Find the number on the sample form. 9 Pursuant to California Rule of Court 3.1203(a), notice of this application was made on 10 June 7, 2016, when Plaintiffs' counsel provided both written and telephonic notice to Defendant 11 that Plaintiffs would be appearing on an ex parte basis on June 9, 2016 at 8:30 AM seeking the heading, of the second argument in support of the motion]. __________ [In this and subsequent paragraphs, __________ [In this and subsequent paragraphs, Title Microsoft Word - legislation Declaration re Notice of Ex Parte Application Rev 1 final 7-16-09.docx … [Signature of judge] 1. Attorney for __________ [party]. 22. support of position advanced]. {o��ZJg�B�����?Z�mHk��7�۰��KPoҼC be required to inform, support of position advanced]. 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