California Rules of Court Ex Parte

California Rules of Court 3.1200 – Ex Parte Application

CRC 3.1200

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

Rule 3.1200 adopted effective 1/1/2007.

California Rules of Court 3.1201 – Required Documents

CRC 3.1201

A request for ex parte relief must be in writing and must include all of the following:

(1) An application containing the case caption and stating the relief requested;

(2) A declaration in support of the application making the factual showing required under rule 3.1202(c);

(3) A declaration based on personal knowledge of the notice given under rule 3.1204;

(4) A memorandum; and

(5) A proposed order.

Cal. R. Ct. 3.1201

Rule 3.1201 adopted effective 1/1/2007.

California Rules of Court 3.1202 – Contents of application

CRC 3.1202

(a) Identification of attorney or party

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.)

(b) Disclosure of previous applications

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.

(c) Affirmative factual showing required

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

Rule 3.1202 amended effective 1/1/2016; adopted effective 1/1/2007; previously amended effective 1/1/2007.

California Rules of Court 3.1203 – Time of ex parte notice to other parties

CRC 3.1203

(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.)

(b) Time of notice in unlawful detainer proceedings

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

Rule 3.1203 amended effective 1/1/2008; adopted effective 1/1/2007.

California Rules of Court 3.1204 – Contents of notice and declaration regarding notice

CRC 3.1204

(a) Contents of notice

When notice of an ex parte application is given, the person giving notice must:

(1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and

(2) Attempt to determine whether the opposing party will appear to oppose the application.

(b) Declaration regarding notice

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;

(2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or

(3) That, for reasons specified, the applicant should not be required to inform the opposing party.

(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:

(1) The exceptional circumstances that justify the shorter notice; or

(2) In unlawful detainer proceedings, why the notice given is reasonable.

Cal. R. Ct. 3.1204

Rule 3.1204 adopted effective 1/1/2007.

California Rules of Court 3.1205 – Filing and presentation of the ex parte application

CRC 3.1205

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

Rule 3.1205 adopted effective 1/1/2007.

California Rules of Court 3.1206 – Service of papers

CRC 3.1206

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

Rule 3.1206 adopted effective 1/1/2007.

California Rules of Court 3.1207 – Appearance requirements

CRC 3.1207

An applicant for an ex parte order must appear, either in person or by telephone under rule 3.672, except in the following cases:

(1) Applications to file a memorandum 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 for an order.

Cal. R. Ct. 3.1207

Rule 3.1207 amended effective 1/21/2022; adopted effective 1/1/2007; previously amended effective 1/1/2008; amended effective 1/1/2014.