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ATTACHMENT FM-1013 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY FOR COURT USE ONLY TELEPHONE NUMBER ATTORNEY FOR Name SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA To keep other people from seeing what you have entered on your form please press the Reset Form button at the end of the form when finished. STREET ADDRESS MAILING ADDRESS CITYAND ZIP CODE BRANCH NAME CASE NUMBER PETITIONER RESPONDENT DEPARTMENT NUMBER DECLARATION IN SUPPORT OF.

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How to fill out the Fm1013 online

The Fm1013 form is essential for individuals requesting ex parte orders in a family law context. This guide will help users navigate each section of the form and provide clear instructions to ensure accurate completion.

Follow the steps to fill out the Fm1013 accurately and efficiently.

  1. Press the ‘Get Form’ button to access the Fm1013. This will allow you to download and open the form in an online editor.
  2. In the section labeled 'Name and address of party or attorney for party,' fill in your name and contact information as the petitioner or respondent. Ensure that your details are clear and legible.
  3. For 'Court use only,' leave this section blank as it will be filled out by the court staff.
  4. Provide your case number, street address, mailing address, city, zip code, and department number under the respective sections.
  5. Indicate whether you are the petitioner or the respondent by checking the appropriate box and providing any additional details required.
  6. Complete the section regarding representation by an attorney. If applicable, provide the attorney's name, address, and telephone number.
  7. Specify if there are any other related cases in which you or the opposing party have been involved by answering the question in section three.
  8. In section four, indicate whether prior applications have been made on the same issue and provide details if necessary.
  9. Complete the notice section, confirming how you notified the opposing party, specifying the method used, and providing the date and time of notification.
  10. Explain any exceptions regarding the need for notice if applicable, selecting the appropriate reasons and adding further explanation if needed.
  11. Finally, date and sign the declaration section. Ensure your signature is present before submitting the form.
  12. After finishing the form, you can save changes, download it for your records, print a physical copy, or share it with the necessary parties.

Start filling out your Fm1013 form online today to ensure your request for ex parte orders is properly submitted.

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You can often use Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Order (form FL-303) to prove you met the requirements. Your court may have a different form you can use.

Can an Ex Parte Order Be Overturned? You can get an ex parte order overturned. If the judge in your case issues a temporary order, you'll receive notice of another hearing – the one in which the judge will decide whether to let the order expire or to make it permanent.

Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.

Pick up the forms from the clerk Read Page 1 of your Request for Order and Temporary Emergency (Ex Parte) Orders to see what the judge ordered. If the judge made any emergency orders, they last until your court hearing.

Oppositions To Ex Parte Applications Customarily, opposition to an ex parte application includes an opposition memorandum of points and authorities, supporting declarations or other evidence, and a proposed order.

This is called informal notice. California Rules of Court, rule 3.1203 says you must notify all parties no later than 10:00am the court day before the ex parte appearance, unless you have a good reason to give less time.

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