Ex Parte Motion in California Superior Court

Courts frequently change rules and requirements, sometimes without warning. Rely on SmartRules and our extensive network of court resources to keep you constantly informed of the latest rules and requirements.

This introduction will give you an overview of requirements applicable to ex parte motions in the California Superior Courts. Use SmartRules to get detailed state and local rules and requirements. For detailed requirements on filing ex parte motions in a specific California Superior Court, please see the SmartRules California Ex Parte Motion guides for the court where your action is pending. Select the appropriate county from the “Choose a Court or Jurisdiction” dropdown menu.


Ex Parte Motions in California Superior Courts

Ex Parte Motion Rules

Relief Without Notice

The court may grant ex parte relief without notice to the opposing party.

Application and Notice Requirements

Application and notice requirements for Ex Parte Motions are precise and detailed. California Ex Parte Motion guides cover the following requirements as well as many others:

  • Required Information
  • Affirmative Factual Showing
  • Notice Requirements
  • Accompanying Affidavit
  • Short Notice Requirements
  • Refused Applications

Request for Relief Requirements

A request for ex parte relief must include specific required elements. See Ex Parte Motion guides for detailed information.

Service

Absent exceptional circumstances, no hearing may be conducted unless service has been made.

The court will consider an ex parte application without personal service under certain circumstances.

Timing

State and local timing requirements are very specific. Staying informed of these requirements is essential to meeting deadlines. Use SmartRules to ensure that you don’t lose a case because of a technicality.

 

litigation guides

 


Preview of Ex Parte Motion Guide

 

CA Ex Parte Motion

 

 

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