California Rules of Court Ex Parte
Current as of May 18, 2022
California Rules of Court 3.1200 – Ex Parte Application
The rules in this chapter govern ex parte applications and orders in civil cases, unless otherwise provided by a statute or a rule. These rules may be referred to as “the ex parte rules.”
Cal. R. Ct. 3.1200
California Rules of Court 3.1201 – Required Documents
A request for ex parte relief must be in writing and must include all of the following:
Cal. R. Ct. 3.1201
California Rules of Court 3.1202 – Contents of application
An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant.
(Subd (a) amended effective January 1, 2016.)
If an ex parte application has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, must include a full disclosure of all previous applications and of the court’s actions.
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.
Cal. R. Ct. 3.1202
California Rules of Court 3.1203 – Time of ex parte notice to other parties
(a) Time of notice
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.
(Subd (a) amended effective January 1, 2008.)
A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.
Cal. R. Ct. 3.1203
California Rules of Court 3.1204 – Contents of notice and declaration regarding notice
When notice of an ex parte application is given, the person giving notice must:
An ex parte application must be accompanied by a declaration regarding notice stating:
(c) Explanation for shorter notice
If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain:
Cal. R. Ct. 3.1204
California Rules of Court 3.1205 – Filing and presentation of the ex parte application
Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.
Cal. R. Ct. 3.1205
California Rules of Court 3.1206 – Service of papers
Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.
Cal. R. Ct. 3.1206
California Rules of Court 3.1207 – Appearance requirements
An applicant for an ex parte order must appear, either in person or by telephone under rule 3.672, except in the following cases:
Cal. R. Ct. 3.1207