Should you encounter a situation that requires emergency judicial relief, you can apply to a California court, on less than 24 hours notice, to request that the court grant the desired relief.
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Ex Parte Relief
You make and ex parte relief request when you need emergency relief. This occurs when it is impractical or impossible to wait the minimum statutory period for a regular motion. A court will only grant you ex parte relief upon proof of good cause. You must demonstrate irreparable harm, immediate danger, or some other statutory basis for granting relief.
Before you can seek relief, you must notify all parties not later than 10 A.M. the court day before the intended ex parte appearance. Court days do not include weekends or holidays. In your notice, you must state with specificity the nature of the relief. Specificity means including the date, time, and place that an application will be made for relief. In addition, you should attempt to determine whether any other party will appear and oppose the relief requested.
Your request for ex parte relief from the court must be made in a written application. You must also provide a declaration to accompany the application. Your declaration must be a factual showing of the need for ex parte relief as well as a description of the notice given. The notice must include the date, time, manner, and name of the party informed and whether it is expected that anyone will appear and oppose.
Opposing a Request
A party opposing an ex parte relief application can orally oppose the relief without outlining a written opposition. However, it is helpful to state in writing the reasons for opposing in the event the judge has time to consider them before hearing argument. Opposing papers may be ?led directly with the clerk of the department on the morning of the hearing.
Parties appearing at the ex parte hearing must serve the ex parte application and any written opposition on all other appearing parties at the first reasonable opportunity. In some circumstances, this may mean that the exchange should take place the night before the hearing. Most often, the application is not completed until after business hours the day before the hearing. Therefore, the first reasonable opportunity may not be until the morning of the hearing. The court will not conduct a hearing unless the parties have had the opportunity to read each other’s papers.
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For more information on emergency relief, click on one of the following links:
California Domestic Violence Restraining Order