Riverside California Ex Parte Application for Orders and Memo of points and Authorities - General Sample

State:
California
County:
Riverside
Control #:
CA-5051-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is an Ex Parte Application for Orders and includes a Memo of Points and Authorities. The form requires an attachment of declarations, exhibits, other supporting services,and proof of service. The form also contains an order which must be be signed by a judge


The Riverside California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is an essential legal document used in the Riverside County court system. This application is typically filed by individuals seeking urgent court orders on an emergency basis, without giving advance notice to the opposing party. The Ex Parte Application for Orders is primarily presented when a party requires immediate relief due to the possibility of irreparable harm or when there is an urgent need for temporary court orders. This application can be filed in various types of legal matters, including family law cases (such as child custody or restraining orders), civil disputes, landlord-tenant issues, and more. The Memo of Points and Authorities, on the other hand, is a document attached to the Ex Parte Application. It serves as a supporting argument outlining the legal basis and reasoning behind the requested orders. The memo presents specific points of law and relevant authorities that support the applicant's position, providing a comprehensive overview for the court to consider when making a decision. Various types of Riverside California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample may include: 1. Riverside California Ex Parte Application for Orders — Family Law Sample: This type of application is applicable to family law cases, addressing matters such as child custody modifications, visitation disputes, spousal support requests, or temporary restraining orders. 2. Riverside California Ex Parte Application for Orders — Civil Law Sample: This type of application pertains to civil cases, covering a wide range of legal disputes, such as breach of contract, property disputes, personal injury matters, or requests for injunctions. 3. Riverside California Ex Parte Application for Orders — Landlord-Tenant Law Sample: This sample applies specifically to landlord-tenant disputes, including actions such as eviction proceedings, requests for emergency repairs, or injunctions regarding lease violations. 4. Riverside California Ex Parte Application for Orders — Probate Law Sample: This type of application is relevant when seeking emergency court orders in probate matters, such as temporary conservatorships, estate distribution disputes, or emergency actions related to property management. It is important to consult with an attorney or legal professional to ensure the correct format and content for your specific Riverside California Ex Parte Application for Orders and Memo of Points and Authorities, as different case types may have varying requirements and considerations.

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If you are representing yourself, you may use eFiling through a selected Electronic Filing Service Provider (EFSP) to submit an ex parte application. You may also bring the paperwork to the clerk's office for processing. All ex parte hearings will be set in the department assigned for all purposes.

Ex Parte applications shall be submitted over eFiling through your selected Electronic Filing Service Provider (EFSP). See the Court's General Order 2022-1 (pdf ), section 9 for more information about ex parte application submissions.

An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.

EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.

Ex parte applications must be efiled no later than a.m. the day before the ex parte hearing. Any written opposition to an ex parte application must be efiled by a.m. the day of the ex parte hearing.

An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.

Specifically, California's Rules of Court allow ex parte or emergency application for orders to prevent domestic violence; for orders to prevent immediate loss or damage to property subject to disposition in the case; or to make orders about procedural matters such as the hearing date.

Getting Your Ex Parte Matter in Front of a Judge First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney.

FL-303 Declaration Regarding Notice and Service of Request for Temporary Emergency (Ex Parte) Orders.

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For example, "Defendant ABC Corporation's Request for Dismissal of Plaintiff John Smith's Complaint. Defendant. No. Case Number.General Orders are revoked. In a mandate proceeding, the petitioner asks the superior or appellate court to direct an inferior judicial or administrative body to do something. (6) When the Ex Parte Petition for Final Discharge and Order is filed (Judicial Council. Courts and Court Administration. Superior Court of California. County of Riverside. ❑ Chapter Seven gives some basic information about the U.S. legal system. (c) Ex Parte Procedure.

In an ex parte proceeding, the parties may, at any time, and without notice, file one request for a preliminary injunction and one request for an order requiring that the defendant take certain specified courses of action. The court may make an order and require compliance, or issue a declaratory ruling that the defendant has no such obligation unless the court finds some reason not to. When there is more than one party to the action, each party shall file a separate petition for an ex parte proceeding. If the plaintiff, on the first day, fails to file a petition, or if none is filed, the clerk shall promptly issue one for that day. If the defendant, on the first day, fails to file a petition for the same day, or if none is filed, the clerk shall promptly issue a petition for that day (Cal. Bus. & §(a)).

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Riverside California Ex Parte Application for Orders and Memo of points and Authorities - General Sample