Procedural authorities for misc. ex parte motions
                                                               
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CA Rules of Court

Rule 317. Time for filing and service of motion papers

(a) [In general] Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed in accordance with Code of Civil Procedure section 1005.

(Subd (a) amended effective January 1, 2000.)

(b) [Order shortening time] The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

(Subd (b) adopted effective January 1, 2000.)

Rule 379. Ex parte applications and orders

(a) [Ex parte application] An application for an order shall not be made ex parte unless it appears by affidavit or declaration

(1) that within a reasonable time before the application the party informed the opposing party or the opposing party's attorney when and where the application would be made; or

(2) that the party in good faith attempted to inform the opposing party and the opposing party's attorney but was unable to do so, specifying the efforts made to inform them; or

(3) that for reasons specified the party should not be required to inform the opposing party or the opposing party's attorney.

(Subd (a) amended effective July 1, 1997; adopted effective January 1, 1984.)

(b) [Notice] A party seeking an ex parte order shall notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances. A declaration of notice, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected, or a declaration stating reasons why notice should not be required, shall accompany every request for an ex parte order.

A request for an ex parte order shall 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, and telephone number of such party if known to the applicant.

When an application for an ex parte order has been made to the court and 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, shall include a full disclosure of any prior applications and the court's actions.

(Subd (b) amended effective July 1, 2000; previously amended July 1, 1999; adopted effective July 1, 1997.)

(c) [Content of notice] When notice of an application is given, the person giving notice shall state with specificity the nature of the relief to be requested and the date, time, and place for the presentment of the application, and shall attempt to determine whether the opposing party and/or counsel will appear to oppose the application.

(Subd (c) adopted effective July 1, 1997.)

(d) [Required documents] Ex parte applications shall be in writing and 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;

(3) a competent declaration based on personal knowledge as described in subdivision (b);

(4) points and authorities; and

(5) a proposed order.

(Subd (d) adopted effective July 1, 1997.)

(e) [Affirmative factual showing required] An applicant shall 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 ex parte relief rather than setting the matter for hearing on noticed motion.

(Subd (e) adopted effective July 1, 1997.)

(f) [Service of papers] Parties appearing at the ex parte hearing shall serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing shall be conducted unless such service has been made.

(Subd (f) adopted effective July 1, 1997.)

(g) [Personal appearance requirements] An ex parte application will be considered without a personal appearance of the applicant or applicant's counsel in the following cases only:

(1) applications to file points and authorities in excess of the applicable page limit;

(2) setting of hearing dates on alternative writs and orders to show cause; and

(3) stipulations by the parties or other orders of the court.

(Subd (g) adopted effective July 1, 1997.)

Rule 379 amended effective July 1, 2000; previously amended effective July 1, 1997 and July 1, 1999; adopted effective January 1, 1984.

Drafter's Notes 1984-Based on former 15 of the Standards of Judicial Administration (Appendix, Division I) that was repealed January 1, 1984.

1999-The amendment changes the requirement that a party seeking an ex parte order must "give a minimum of 24 hours notice" to a requirement that the party must "notify all parties no later than 10:00 a.m. the court day before" the ex parte appearance.

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Marin County Local Rules

1.4 MISCELLANEOUS GENERAL PROVISIONS

A. Copies for Filing. An original and one identical copy of each motion, petition for writ of mandate, attachment or possession, preliminary injunction, and all other papers filed in support of or in opposition thereto are required for filing. The copy should be identified as such on the upper right-hand corner of the document, and should contain the same items as the original with regard to tabs, etc., including any highlighting.

B. Conformed File-Stamped Copies. If a conformed copy is desired, an additional copy must be submitted. The Clerk of the Court will conform a maximum of two copies of any pleading at the time of filing.

C. Reincorporation of Earlier Documents. Parties are requested not to reincorporate earlier documents into a pending motion, without providing copies of such documents in accordance with CRC 311.

D. Facsimile Numbers. In order to facilitate transmission of court documents, the parties are requested to include their facsimile machine numbers on their pleadings.

E. Filing Documents on Shortened Time. All motions or other pleadings filed on an order shortening time shall be accompanied by a copy of that order. Alternatively, it may be stated on the caption page that the matter was brought on an order shortening time, with specific identification of the date of the order and the name of the signing judge.

1.8 APPLICATIONS FOR EX PARTE ORDERS, PROVISIONAL REMEDIES AND ORDERS SHORTENING TIME

All applications must comply with applicable CRC rules (e.g., CRC 305, 379). Except as otherwise specifically provided by these rules, applications for ex parte orders or provisional remedies shall be presented as follows: Civil applications involving injunctive relief, extraordinary provisional remedies (writs of attachment), emergency relief and appointment of receivers and any matters subject to the civil delay reduction program shall be presented to the Civil Judge assigned to the action at the time of filing. However, if the judge to whom an application should be presented under this rule is unavailable (i.e., not physically present) or is disqualified, or in cases of emergency, then the application should be presented to the Supervising Civil Judge or his/her designee. [Adopted effective 5/1/98]

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