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

State:
California
County:
San Bernardino
Control #:
CA-5051-KL
Format:
Word; 
Rich Text
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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


San Bernardino California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample: In San Bernardino, California, an Ex Parte Application for Orders and Memo of Points and Authorities is a legal document used when one party requests the court to issue immediate orders without providing prior notice to the opposing party. This type of application is typically utilized in urgent situations where delay might cause irreparable harm or significant prejudice. Here, we will provide a detailed description of this legal document and its various types. 1. San Bernardino California Ex Parte Application for Orders: This application serves as a formal request submitted to the court, seeking orders or rulings swiftly, typically without allowing the other party to be present. The applicant must demonstrate compelling circumstances and provide strong justifications for such urgency. This application may be used in various legal matters, such as child custody disputes, restraining orders, temporary injunctions, or requests for emergency financial support. 2. San Bernardino California Memo of Points and Authorities: The Memo of Points and Authorities is an accompanying document that supports the Ex Parte Application for Orders. It provides a legal argument and analysis, citing relevant laws, precedents, and facts to persuade the court to grant the requested orders. This memo plays a crucial role in presenting the applicant's case and establishing the legal basis for the requested relief. Different Types of San Bernardino California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample: 1. Child Custody and Visitation: In cases involving child custody or visitation issues, the party seeking immediate changes or enforcement of visitation schedules may file an Ex Parte Application for Orders and Memo of Points and Authorities. This may be necessary in situations where the child's safety or well-being is at risk. 2. Domestic Violence Restraining Orders: Obtaining prompt protection from domestic violence may require filing an Ex Parte Application for Orders and Memo of Points Authorities. These applications aim to secure temporary restraining orders to ensure the safety and well-being of the victim. 3. Temporary Injunctions: When a party believes they will suffer significant harm if a particular action continues, they can file an Ex Parte Application for Orders and Memo of Points and Authorities seeking a temporary injunction. This application aims to halt the opposing party's actions temporarily until a full hearing on the matter can be held. 4. Emergency Financial Support: In urgent financial matters, such as the need for temporary spousal support or child support, an Ex Parte Application for Orders and Memo of Points and Authorities is filed to obtain immediate financial relief. This application is typically submitted when there is an immediate need for financial support to maintain the well-being of a dependent spouse or child. In summary, a San Bernardino California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is a legal document that enables individuals to request immediate court orders in urgent situations. Various types of applications exist, such as those related to child custody, domestic violence restraining orders, temporary injunctions, and emergency financial support.

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Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

?Ex parte? is a Latin phrase meaning ?on one side only; by or for one party.? An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.

Ex Parte Applications may only be brought in exceptional circumstances, in (some) cases, where no one may have an interest in the application, or there may be some compelling reason why it is impossible to give notice of the application to the respondent.

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.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

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.

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.

The memorandum of points and authorities includes any legal authorities and arguments that support your ex parte application. The memorandum of points and authorities must not exceed 25 pages.

Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding. Require the other party to stay away and not harass you.

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Memorandum of Points and Authorities. You can find samples of these papers in California Forms of Pleading and Practice, at the Law Library.28 Mike Small, Jeff Amador, and Alison Merrilees. A copy of this Motion is attached hereto as. B. The Order to Show Cause. C. The Noticed Motion. Missing: Bernardino ‎points Interlocutory appellate review of trial court orders requiring disclosure of privileged communications. Attorneys for Plaintiffs. The EW researches the information provided on the application.

They ask questions as to when the confidential materials will become discoverable, whether the materials exist, and whether subpoenaed witnesses will be called or called by other counsel. 30 30 See the full text of the order in this exhibit. 28 See the full text of the order in this exhibit. 28 See the full text of the order in this exhibit. 28 See the full text of the order in this exhibit. 28 See the full text of the order in this exhibit. “A. Motion to Show Cause. B. Notice of Motion to Show Cause. C. Motion and Notice of Appeal. D. Notice of Appeal Hearing.” 29 “I. Introduction to the Motion to Show Cause. “C. Brief of Factual and Procedural Background. “1. Plaintiffs' Statement of Case. “2. Plaintiffs' Argument Regarding the Public Interest. “3. Defendant's Answer and Defendant's Proposed Amended Complaint. “1. Defendant Defendants' Counterclaim. “2. Defendant Defendants' Response to Plaintiffs' Counterclaim. ’D. Testimony of Former FBI Agent David Iglesias.

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