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This form must be completed in any case where ex parte orders or emergency orders are requested. You must also attach a proposed order.The server must complete a Proof of Service (POS-040). Time for Filing of Ex Parte Applications . Step 2: Submit your documents Ex Parte via the Clerk. Defendant. ) ) EX PARTE MOTION FOR ALTERNATE SERVICE. I, (attorney's name). The server must complete a Proof of Service (POS-040). This is not a substitute for legal advice. The server must complete a Proof of Service (POS-040).