Obtaining A Family Law Ex-Parte Order
An EX-PARTE ORDER is an immediate emergency order made by a Judicial Officer. The purpose of such a hearing is generally to gain immediate orders in an emergency situation until your matter can be set on the regular Court calendar.
Not all ex-parte orders will require a hearing. If your orders do not require a hearing, simply present your paperwork to the Civil Court Operations in Rm. 385 and your orders will be sent to the assigned Judicial Officer for signature. This process normally takes 24-48 hours.
Setting an Ex-Parte Hearing
An EX-PARTE HEARING is one between the parties and the assigned Judicial Officer. Ex-parte hearings are heard on the paperwork alone, meaning the Judicial Officer looks only at the documents - there is no verbal communication with the Judicial Officer. The paperwork must be lodged, and filing fee paid, with the Civil Clerk in Rm. 385 by 12:00 p.m. the court day before the appearance. The paperwork must contain a declaration that supports the request for ex-parte orders. Feelings, wishes or fears will not adequately support an ex-parte order.
All declarations shall contain sufficient factual information within the personal knowledge of the declarant which adequately supports the order(s) requested. A very specific declaration must be given, including dates of incidents, descriptive facts and specific harm caused when seeking orders for temporary custody, restriction of visitation, or removal of one party from the family residence.
The moving party shall give notice to the other party or their attorney of record of the ex-parte hearing no later than 10:00 a.m. the court day before the appearance. Notice must include the time, date and place of the ex parte as well as the nature of the request so that the other party may have an opportunity to oppose the application. A copy of the ex-parte paperwork shall be served on the other party or their attorney of record. The moving party shall present to the Civil Clerk no later than 4:00 p.m. the court day before the hearing a declaration stating the method of notice of the hearing and service of the paperwork, or lack thereof.
If exceptional circumstances are claimed, they must be specifically stated. Notice may be excused if, following a good faith attempt, the giving of notice is not possible or the opposing party does not object to the orders sought. Notice may also be excused if the giving of such notice would frustrate the very purpose of the order and lead the applicant to suffer immediate and irreparable harm. The foregoing must be established by declaration. The opposing party may be granted a one (1) day continuance if unable to prepare the responsive paperwork before the ex-parte hearing.
To schedule an ex-parte hearing before the assigned Judicial Officer, you must reserve a date and time for the hearing. Contact the Civil Court Clerk at 781-1373 between the hours of 8:30 a.m. and 4:00 p.m. to make a reservation. Ex-Partes are held at 8:30 a.m. most weekday mornings by availability. You can obtain the required paperwork from the Civil Court Clerk in Room 385 or on the internet at www.slocourts.ca.gov .
Ex-Parte Setting Summary
- 781-1373: number to call to schedule the ex-parte.
- No later than 10:00 a.m. the court day before the ex-parte: notice of the hearing shall be given to the other party or their attorney of record.
- No later than 12:00 p.m. the court day before the ex-parte: lodge all paperwork, and pay filing fee, with the Civil Clerk in Rm. 385.
- No later than 4:00 p.m. the court day before the ex-parte: file the proof of service of notice and delivery of ex-parte paperwork on the other party or their attorney of record with the Civil Clerk in Room 385.
- 8:30 a.m. on the court day of the hearing: be present in the courtroom for the ex-parte hearing.