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San Jose California Order on Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator
State:
California
City:
San Jose
Control #:
CA-GC-115
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PDF
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FAQ
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.
Ex Parte Hearings are common proceedings when one of the parties seeks urgent court intervention. As a rule, parties involved in a court case are entitled to be noticed and heard. The adverse party is to be noticed twenty-one days prior to a pending hearing.
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.
An Ex Parte Application is used for one party to ask the Court for an order without providing the other party(ies) the usual amount of notice or opportunity to write an opposition.
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.
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.
2022 California Rules of Court (3) Any opposition must be served and filed within 15 days after the motion is filed.
Any written opposition to an ex parte application must be efiled by a.m. the day of the ex parte hearing. Opposition to an ex parte application that is efiled by p.m. on the same day the ex parte is filed does not require a courtesy copy.
?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 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.