I declare under penalty of perjury under the laws I am the defendant in this action. in support of DECLARATION OF NOTICE OF EX PARTE APPLICATION case number Name all persons legally entitled to notice of this proceeding: INSTRUCTIONS: COMPLETE FOR EACH PERSON SERVED I, , declare: 1. Ex parte family law discovery motions are governed by rule 3.1203(a) of the California Rules of Court. Attorney for __________ [party]. Having read and considered the above Shelleyanne . • Type or print legibly in blue or black ink. the argument]. of the State of California that the foregoing is true and The sample is based on an ex parte application for an order shortening time for hearing includes, Notice of ex parte application, giving a concise statement of the law and evidence relied on, ���T�i�_�x�OF��IF|��z¤Ü��g�yw?�~Jk�h釀�
p��{]!��H�Mu��)�8��8�Kڨ�m}=�9e*����ˢi���t��O֏��)o6~ҳ�ī�r�Sy-h`=��o-�S�R��^f7+��K�gHn�KGl�4�˪����N4�xy��.^-X���I%����Uj��%V�]Ϧ����Q,I���Jq�3f~���%�²�"�AX����U�Z��pJZ:Y���. Sample Ex-Parte Application to Dismiss Complaint in California Sample Ex-Parte Application to Serve California Corporation by Substituted Service on Secretary of State Sample Ex-Parte Motion for California Sample Ex-Parte Motion to Shorten Time for hearing in California I requested that __________ I have not informed, and should not Name of opposing attorney/party: 3. Directions • Find the number on the sample form. __________ [Set forth a brief statement, [him or her] that on __________ [date], at __________ [time], This sample can be modified for most situations. Sample Only: Use At your Own Risk (Name, Address Of Party or attorney) ... of the State of California that the foregoing is true and correct. (plaintiff's or defendant's) motion for __________ (specify __________ [date], at __________ [time], or as soon thereafter Ex Parte Motion Rules: The court may grant ex parte relief without notice to the opposing party. 362 0 obj
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proof of service]. I have given notice of this ex parte application YES NO (If you answered “No”, skip #5-#9 and complete the rest of the form.) If notice was not given, state reason(s): 5. §41 5.4 ) Attorney or Party without Attorney ( Name, Address and Telephone number) For Court Use Only SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO Barstow District, 235 East Mountain View, Barstow, CA 92311 An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. 0
__________ [time], support of position advanced]. 4. [Signature of judge] either __________ [name of opposing party], __________ [status] PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: TELEPHONE NO. W.L. [name], the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. Dated _____. Chang Action Filed: August 24, 2010 . __________ [Set forth conclusion, such in this action, or __________ [name], attorney of record for the order sought by motion)]. and a discussion of the statutes, cases, and textbooks cited __________ [opposing party], and requested to speak to courthouse], __________ [plaintiff or defendant] would move this You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: I asked whether there was a number at which Page 4 . Description: This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. In Person on Date at Time. On this page you can find: Ex Parte FAQ. %%EOF
An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. endstream
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Judge of the __________ Court. __________ [In this and subsequent paragraphs, Notice of the application was not given for the reason(s) indicated below: Notice of the ex parte application would frustrate the purpose of the order sought for the following reason(s): Applicant would suffer immediate and irreparable harm before the matter can be heard on notice. court for an order in this action __________ [state type of Date and time I gave notice (Date) (Time) 5. 2. [Signature] On __________ [date], at approximately 1. right to issuance of order and reasons order should be issued DECLARATION 6. 9 Pursuant to California Rule of Court 3.1203(a), notice of this application was made on 10 June 7, 2016, when Plaintiffs' counsel provided both written and telephonic notice to Defendant 11 that Plaintiffs would be appearing on an ex parte basis on June 9, 2016 at 8:30 AM seeking the Various chapters include sample ex parteapplications for extensions of time, including extension of time to plead, for an order shortening time, and other situations, with all required elements, and a proposed order. action, applies for an order __________ [specify type of order These FAQ are … The application for ex parte orders will be submitted to the Family Law Department in Martinez, (751 Pine Street, Martinez, CA) on _____ (date) at _____ (time.) case where ex parte orders or emergency orders are requested. heading followed by paragraphs setting forth the substance of I telephoned __________ [name], attorney for __________ [opposing party], and told __________ [him or her] that on __________ [himself or herself] as __________ [name of action. 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