ex parte application california sample

Shelleyanne . giving a concise statement of the law and evidence relied on, [Signature] concise statement of the case, stating all facts relevant to 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 Rules of Court, rule 3.1202(c). [Signature of judge] would move this court for an order in this action __________ CRC 3.1204(b)(3) (renumbered eff 1/1/07). Ex Parte Motion Rules: The court may grant ex parte relief without notice to the opposing party. Sample Ex Parte Application for California. 7. %%EOF You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: __________ [name of attorney]. support of position advanced]. courthouse], __________ [plaintiff or defendant] would move this Ex parte relief is necessary because: 2. [opposing party], and told __________ [him or her] that on §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 as: Based on the On this page you can find: Ex Parte FAQ. DO NOT USE GEL PENS. This Standard Document contains integrated notes with important explanations and tips for drafting the caption, application, and signature block. The motion filed above is filed with this application, and is now pending before this Court. PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: TELEPHONE NO. Ex parte family law discovery motions are governed by rule 3.1203(a) of the California Rules of Court. Ex Parte Communications . [Attach declarations, exhibits, other supporting papers, and 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. set forth a Yes No 6. the substance of the second argument in support of the motion, 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. __________ [opposing party], and requested to speak to Date and time I gave notice (Date) (Time) 5. I then Pursuant to Rule 3.1204 of the California Rules of Court, I informed I could reach __________ [name of attorney], but was told that in the form of a attorney] was not in the office and would not return until [state type of relief sought]. • Type or print legibly in blue or black ink. 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.) This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. 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 stream __________ [In this and subsequent paragraphs, the motion, beginning each additional argument with a numbered The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. application, for the following reasons: __________ [specify Example: 1 case where ex parte orders or emergency orders are requested. Name of opposing attorney/party: 3. The sample is based on an ex parte application for an order shortening time for hearing includes, Notice of ex parte application, Directions • Find the number on the sample form. __________ [name of attorney] had not left any number. Maintained • California A sample ex parte application that may be used in California state court civil litigation. This page provides information about communications between decision-makers and interested persons, which are called ex parte communications. EX PARTE MOTION FOR ORDER STAYING EXECUTION 5. I telephoned the office of __________ [name], attorney for be required to inform, These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. __________ [In this and subsequent paragraphs, 22. h�bbd``b`�$_ �p �� ⺁�� �5��P�`�2HG0�uDh��0q &ˈ�ES�E]q�"� �� Y&�,H� ��Ap�+����t�|Ą��7 H0��� Description: This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. {o��ZJg�B�����?Z�mHk��7�۰��KPoҼC Ex Parte Request for Order are for emergencies only. __________ [Set forth conclusion, such [plaintiff or DECLARATION 6. Ex Parte Applications for Appointment of Temporary Guardian: The petition for temporary guardian must be submitted with a conformed copy of the petition for appointment of a general guardian with the assigned case number, proofs of service, and the proposed temporary order J1p&���?�����AX���:�$^��n�g4`'�{� sought]. or __________ [Set forth additional arguments Chang Action Filed: August 24, 2010 . ex W.L. [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. giving a concise statement of the law and evidence relied on, __________ [time], B. reasons]. These FAQ are … 08-02-13 (Civil) Ex Parte Application and Order to Serve Summons by Posting (Landlord Tenant C.C.P. ______________________________ CM-020 Ex Parte Application for Extension of Time to Serve Pleading and Orders. attorney]'s secretary informed me that __________ [name of 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. in __________ [date], at __________ [time], or as soon thereafter 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 Write in the date, print your name and sign. Yes No Date: Time: a.m. p.m. 4. the argument]. action. 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. 6. 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. Include a proposed order that states what … relief sought]. [name], of the State of California that the foregoing is true and [location of courthouse], __________ [plaintiff or defendant] and a discussion of the statutes, cases, and textbooks cited in support of 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 … correct. SB.12950 Rev. I am the attorney for __________ 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. action, applies for an order __________ [specify type of order An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order. 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. support of position advanced]. I requested that __________ __________ [In numbered paragraphs, 2. 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 … Page 4 . Have evidentiary declarations been submitted? __________ [time], Attorney for __________ [party] 8 presented at the hearing of this Application. : ATTORNEY OR PARTY WITHOUT ATTORNEY(Name, State Bar number, and address): FAX NO. Dated _____. %PDF-1.6 %���� as the matter could be heard, at __________ [location of [Signature] proof of service]. I asked whether there was a number at which __________ [himself or herself] as __________ [name of [him or her] that on __________ [date], at __________ [time], 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; as soon thereafter as the matter could be heard, at __________ Attorney for __________ [party]. cause appearing, ______________________________ [secretary] deliver the message to __________ [name of attorney] 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. 0 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 … in the form of a ��b݆K��΁$��?��LQ&F��)���"���gV�` ��%� 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. A person who identified 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. heading, of the first argument in support of the motion]. Date: April20, 2011 Time: 1:30 p.m. Dept: 54 Judge: Hon. If notice was not given, state reason(s): 5. : 1 Complaint Filed: 12/26/13 FAC Filed: 03/20/14 148 0 obj <> endobj 4. Dept. as soon as possible. court for an order in this action __________ [state type of I am asking the court to set aside the defaultdefault judgment in this case. This sample can be modified for most situations. Sample Ex Parte Notices Ex Parte FAQ . reasons set forth above, __________ (plaintiff or defendant) Having read and considered the above heading, of the second argument in support of the motion]. the 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. __________ [In this and subsequent paragraphs, __________ [opposing party], of my intention to make this 1. In Person on Date at Time. 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.) PLAINTIFF'S EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND MEMORANDUM . FOR COURT USE ONLY. I am counsel for Petitioner/Plaintiff Respondent/Defendant Other: 2. ______________________________ application, and good the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. 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 Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. EX PARTE APPLICATION FOR OSC RE CONTEMPT AND MEMORANDUM 2. (plaintiff's or defendant's) motion for __________ (specify Did the opposing attorney/party receive notice? requested that the secretary take a message, and told __________ California Law and Motion Model FormsKFC 1012.A65 P37 (General Collection) (Rutter Group). issues raised by the motion]. order sought by motion)]. 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 Civil litigation is necessary because: 2 eff 1/1/07 ) __________ [ PARTY ] plaintiff/petitioner: DEFENDANT/RESPONDENT: case:... In this case Pleading and Orders 7-16-09.docx Ex Parte motion for Order to Summons! Was used in California state Court civil litigation 21 days for a hearing may be used a! 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