Application for ex-parte hearing and order

Only if children are not listed as protected persons, a modification of the Criminal Protective Order to check item 16 on the Criminal Protective Order shall not be considered less restrictive. The Family, Juvenile, or Probate Court may, on its own motion or at the request of a defendant, protected person, or other interested party, calendar a hearing before the Criminal Court on the issue of whether a Criminal Protective Order should be modified. The Family, Juvenile, or Probate Court shall provide the Criminal Court with copies of existing or proposed Orders relating to the matter.

Notice of the hearing will be provided to all counsel and parties.

How do I eFile my Ex Parte Application?

Pursuant to Cal. Rules, Rule 2. Such filings shall be submitted to a number to be designated by the Court. This shall be the first page transferred, to be followed by any special handling instructions required. If the domestic violence restraining order application is submitted with initial documents which require the payment of a filing fee, such as a dissolution or paternity action, the facsimile filing shall also be accompanied by a Judicial Council Facsimile Filing Cover Sheet with the applicable credit card information.

This shall be the second page transmitted in that event. The Court is not required to keep a copy of the cover sheet and attachment. Any credit card information will be kept confidential by the Court. There shall be no facsimile filing fee for the filing of domestic violence, gun violence or elder abuse restraining orders. A person who files or serves a signed document by fax pursuant to the Code of Civil Procedure and this rule represents that the original signed document is in his or her possession and control.

Ex parte legal definition of ex parte

At any time after the filing or service of a signed facsimile document, any other party may serve a demand for production of the original physically signed document. The demand for production shall be served on all other parties but shall not be filed with the Court. Notwithstanding any other provision to the contrary, including Sections and of the Evidence Code, a signature produced by facsimile transmission is an original.

Service providers shall be required to sign a Memorandum of Understanding with the Court and attend periodic training sessions regarding domestic violence restraining orders and court procedures. The Court shall maintain a list of approved service providers for facsimile filing of domestic violence cases. Each approved service provider shall be assigned a PIN number for identification purposes.

All stipulations must be signed by both parties and if represented, any attorney of record. Unless the Court has granted an order shortening time, proof of service of the moving papers shall be filed no later than five court days before the hearing. If a responding party fails to appear at a hearing and the moving party does not submit to the Court proof of timely service, the matter will be taken off calendar or reissued for service.

All matters on the law and motion calendar are limited to hearings of 30 minutes or less. A responding party may set a counter-motion on the law and motion calendar for the same date only if 1 the counter-motion will not cause the hearing to exceed 30 minutes; and 2 space is available on the calendar or the APJ approves an application submitted to the Court Specialist.

Request For Ex Parte Hearing

This procedure for continuing the first hearing date shall not apply to hearings on requests for domestic violence or other restraining orders. If the Court had issued an order shortening time for the filing, service, and original hearing date, and the hearing date is then continued by stipulation of the parties, the continuance will not affect the dates for filing and service set by the original order shortening time unless the Court specifically so orders.

No additional continuances will be granted except by a written request submitted to the APJ no later than a. The Court may calendar long cause hearings from the law and motion calendar or from a CRC. If a party believes that a law and motion matter requires a long cause hearing, the attorney or self-represented party shall confer with the other attorney or self-represented party and schedule a CRC.

If a party intends to request a long cause hearing at the law and motion calendar, all parties shall be prepared to go forward with the hearing in the event the Court denies the request, or be prepared to address temporary orders pending the long cause hearing. Attorneys or self-represented parties shall notify the Court of an intended request or agreement to schedule a long cause hearing at the earliest opportunity and no later than a.

12222 California Rules of Court

The responding party must agree to take any matter off calendar when the responding party has requested affirmative relief. If a message is left that the parties have agreed to continue the hearing, the parties should be prepared to proceed with the hearing if the Court does not agree to continue the matter. Except for documents that impeach the truthfulness of a party or witness, a party shall provide a copy of each document to be offered to the Court before any hearing to all counsel and self-represented parties.

Parties shall bring to court three copies of any document to be offered at the hearing. Parties shall also be prepared to provide to the Court at the hearing copies of all pleadings, proofs of service, and earlier orders. At the hearing, parties shall provide the Court with reasonable and accurate time estimates.

Brochure: Motion to Set Aside an Ex Parte Order

If a party cited for contempt appears without an attorney, one continuance will be granted to permit the citee to retain counsel or if indigent, to be referred to the appropriate office to determine financial eligibility and representation. The citee will be ordered to attend the continued hearing. Parties should advise the clerk in the courtroom whether or not anyone is present to oppose the application.

Applications for ex parte orders with supporting documents, and orders must be eFiled for review and action by the court.

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Related Information Petition Petitions are set for hearing at the time of filing and are not reserved ahead of time. Mental Health See the Probate Calendar Schedule located on this page for hearing days, times and department Motion See the Probate Calendar Schedule located on this page for information regarding days, times, and departments for motions. Mandatory Settlement Conference Mandatory Settlement Conference and trial dates are set by the court in the course of the action.

Probate Ex Parte Procedures. Parties should check in at Window 67, fifteen minutes prior to the schedule hearing time. Parties will be directed to the courtroom where the matter will be heard. If this reference is used, parties will not need to check in at window 67 and can proceed directly to the courtroom. Noticed and Contested Ex Parte Applications: Requires notice to all parties who would have an interest in the ex parte application A declaration stating facts relating to the efforts to give notice, if any, or facts supporting the conclusion that it was impossible to give notice, must be submitted before the hearing Ex Parte Applications for Appointment of Temporary Conservator: The petition for temporary conservator must be submitted with a conformed copy of the petition for appointment of a general conservator with the assigned case number and the proposed temporary order The ex parte will be set for hearing one week after the date of submission of the ex parte documents to allow for court investigation A completed "Notice of Hearing" Judicial Council form GC is required and must have been personally served, together with a copy of the petition, on the proposed conservatee at least 5 court days before the date selected to appear ex parte.

Probate Code section , e Requires 5 court days notice on the person required to be named in the petition for appointment of conservator. Probate Code section e If seeking to shorten or waive the required notice, applicant must follow California Rules of Court, rule 7.