Tuesday, September 30, 2014

Ex Parte Motions

Presiding Judge

Pursuant to Local Rule section 1.07, all ex-parte applications sought in the department of the Presiding Judge shall be presented by appointment only, with at least 24 hours notice to the opposing party or counsel. Appointments are made by calling 916-874-5487 between the hours of 8:30 a.m. and 4:30 p.m., and are set Tuesday through Friday at 9:00 a.m. (except the second Thursday of each month). Such applications must include a written supporting declaration, stating whether the opposing party is represented by counsel, whether that party has been contacted and has agreed to the requested order, or why the order should be issued without such notice. The adequacy of the application for temporary relief will be determined on the papers submitted. If the application is deemed adequate, the court may allow supplemental argument, either oral or written, by either party.

Except by order of the court, upon a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for opposition papers to be filed and served five court days and reply papers to be filed and served two court days prior to the hearing date. The court, in its discretion, may order a shorter time or that there be no reply; but in no event shall the last paper be filed later than 9:00 a.m. two court days before the hearing. The moving papers must be accompanied by a copy of the order and all papers, including subsequent papers filed in the matter, must indicate on the caption page that the matter was brought on an order shortening time with specific identification of the date of the order and name of the Presiding Judge.

Before appearing for the ex parte hearing, the appropriate fee must be paid at the Civil Filing Windows at 720 9th Street, Room 102.

CMP Departments

Ex-parte applications relating to the CMP guidelines must be prepared in conformance with California Rule of Court 3.1203 - external link, and submitted to the appropriate department. Uncontested ex parte applications are usually ruled on without a hearing. Contested ex parte applications may be set for hearing, or a ruling can be made on the pleadings, depending on the department. It is recommended that parties seeking an ex parte order that is contested call the appropriate department before noticing the opposing party.

Before appearing or submitting an ex parte application to the department, the appropriate fee must be paid at the Civil Filing Windows located at 720 9th Street, Room 102.

Law and Motion Departments

A party seeking an ex-parte order shall notify the parties no later than 10:00 a.m. the court day before the ex-parte appearance, absent a showing of exceptional circumstances pursuant to California Rules of Court 3.1203 - external link. The adequacy of the application for temporary relief will be determined solely on the papers submitted. If the application is deemed adequate, the court may allow supplemental argument, either oral or written, by either party.

An appointment must be made with the appropriate Law and Motion department, according to the table below, no later than 10:00 a.m. the court day before the appearance. Office hours are between 8:30 a.m. and 4:00 p.m. daily. Such applications must include a written supporting declaration, stating whether the opposing party is represented by counsel, whether that party has been contacted and has agreed to the requested order, or why the order should be issued without such notice.

  • Department 53
    • Monday through Friday starting at 9:00 a.m.
    • 916-874-7858
  • Department 54
    • Monday through Friday starting at 1:30 p.m.
    • 916-874-7848

Except by order of the court, upon a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for opposition papers to be filed and served five court days (and reply papers to be filed and served two court days) prior to the hearing date. The court, in its discretion, may order a shorter time or that there be no reply; but in no event shall the last paper be filed later than 9:00 a.m. two court days before the hearing. The moving papers must be accompanied by a copy of the order and all papers, including subsequent papers filed in the matter, must indicate on the caption page that the matter was brought on an order shortening time with specific identification of the date of the order.

Before appearing for the ex parte hearing in Departments 53 and 54, the appropriate fee must be paid in person at the Civil Filing Windows located at 720 9th Street, Room 102.