EX PARTE APPLICATION FOR OSC RE CONTEMPT AND MEMORANDUM application, for the following reasons: __________ [specify 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 would move this court for an order in this action __________ Example: 1 __________ [Set forth a brief statement, Pursuant to __________ [statute], __________ in requested that the secretary take a message, and told __________ __________ [In numbered paragraphs, Name of opposing attorney/party: 3. 22. __________ [time], [him or her] that on __________ [date], at __________ [time], defendant]. ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF. as soon thereafter as the matter could be heard, at __________ (plaintiff's or defendant's) motion for __________ (specify FOR COURT USE ONLY. %%EOF If notice was not given, state reason(s): 5. 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. 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.) 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 the substance of the first argument in support of the motion, [plaintiff or 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. Dated _____. be required to inform, 1. The motion filed above is filed with this application, and is now pending before this Court. Page 4 . in support of On this page you can find: Ex Parte FAQ. This page provides information about communications between decision-makers and interested persons, which are called ex parte communications. These FAQ are … 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. 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. Maintained • California A sample ex parte application that may be used in California state court civil litigation. [name], set forth a Judge of the __________ Court. endstream endobj startxref Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Ex Parte Request for Order are for emergencies only. 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. Sample Ex Parte Notices Ex Parte FAQ . California Rules of Court, rule 3.1202(c). [secretary] deliver the message to __________ [name of attorney] An Ex Parte Request for Order requires additional forms and procedures from a regular Request for Order. support of position advanced]. reasons]. %PDF-1.6 %���� These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. either __________ [name of opposing party], __________ [status] Include a proposed order that states what … the in this action, or __________ [name], attorney of record for Attorney for __________ [party] : 1 Complaint Filed: 12/26/13 FAC Filed: 03/20/14 Shelleyanne . This sample was used in a case where the defendant scheduled the hearing date on their demurrer over one year away. Yes No Date: Time: a.m. p.m. 4. 2. __________ [time], Ex Parte Stay of Execution . h�bbd``b`�$_ �p �� ⺁�� �5��P�`�2HG0�uDh��0q &ˈ�ES�E]q�"� �� Y&�,H� ��Ap�+����t�|Ą��7 H0��� [state type of relief sought]. A person who identified 0 Ex Parte Motion Rules: The court may grant ex parte relief without notice to the opposing party. giving a concise statement of the law and evidence relied on, of the State of California that the foregoing is true and B. I am counsel for Petitioner/Plaintiff Respondent/Defendant Other: 2. [Signature] Yes No 6. ex Have evidentiary declarations been submitted? The sample is based on an ex parte application for an order shortening time for hearing includes, Notice of ex parte application, Ex Parte Communications . 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. issues raised by the motion]. I am the defendant in this action. • Type or print legibly in blue or black ink. Did the opposing attorney/party receive notice? as: Based on the action, applies for an order __________ [specify type of order Date and time I gave notice (Date) (Time) 5. 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 [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. __________ [date], at __________ [time], or as soon thereafter [opposing party], and told __________ [him or her] that on Directions • Find the number on the sample form. cause appearing, ______________________________ Sample Ex Parte Application for California. the motion, beginning each additional argument with a numbered Date: April20, 2011 Time: 1:30 p.m. Dept: 54 Judge: Hon. 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 /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 __________ [himself or herself] as __________ [name of I am the attorney for __________ On __________ [date], at approximately state facts showing This sample can be modified for most situations. support of position advanced]. I declare under penalty of perjury under the laws __________ [Set forth a brief statement, Pursuant to Rule 3.1204 of the California Rules of Court, I informed the argument]. §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 notice included the information contained in attachment 1 of this declaration. I requested that __________ DECLARATION 6. __________ [opposing party], of my intention to make this 8 presented at the hearing of this Application. Title Microsoft Word - legislation Declaration re Notice of Ex Parte Application Rev 1 final 7-16-09.docx concise statement of the case, stating all facts relevant to heading, of the second argument in support of the motion]. 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 could reach __________ [name of attorney], but was told that EX PARTE MOTION FOR ORDER STAYING EXECUTION 5. 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 … I then Having read and considered the above 362 0 obj <>stream EX PARTE RELIEF IS WARRANTED UNDER THE CIRCUMSTANCES. right to issuance of order and reasons order should be issued Chang Action Filed: August 24, 2010 . as soon as possible. Ex parte relief is necessary because: 2. PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: TELEPHONE NO. __________ [plaintiff or defendant] in the above-entitled 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. proof of service]. 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.) ���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���. 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; Ex parte family law discovery motions are governed by rule 3.1203(a) of the California Rules of Court. or 7. 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. 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. In Person on Date at Time. I telephoned __________ [name], attorney for __________ 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. as the matter could be heard, at __________ [location of I am asking the court to set aside the defaultdefault judgment in this case. in California Law and Motion Model FormsKFC 1012.A65 P37 (General Collection) (Rutter Group). DO NOT USE GEL PENS. This Standard Document contains integrated notes with important explanations and tips for drafting the caption, application, and signature block. heading followed by paragraphs setting forth the substance of action. Example: 1 • Go to the same number below to find out how to fill out the form. The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. … [location of courthouse], __________ [plaintiff or defendant] Write in the date, print your name and sign. SB.12950 Rev. I asked whether there was a number at which attorney] was not in the office and would not return until That pursuant to local rules of court, I have given notice of this Ex Parte request by having copies W.L. __________ [name of attorney]. 148 0 obj <> endobj heading, of the first argument in support of the motion]. order sought by motion)]. giving a concise statement of the law and evidence relied on, [Signature] CRC 3.1204(b)(3) (renumbered eff 1/1/07). set forth correct. court for an order in this action __________ [state type of 6. __________ [opposing party], and requested to speak to