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California rules of court rules 3.1200 through 3.1207 on ex parte application

Van Nuys, CA |
Filed under: Lawsuits and disputes

I tried to search for the rule in question. Under the CRC table of contents, there is Rule 3.10 Application and under it said rule does not exist. What is the proper link to Rule 3.1200?

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Attorney answers 3

Posted

Go to this website and scroll down to 3.1200: http://www.courts.ca.gov/documents/title_3.pdf

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Posted

Attorney Pedersen's link is correct. Perhaps you were looking at an older version of the California Rules of Court?

The following are a few of the essential requirements of Rule 3.1200 to 3.1207 which parties often fail to comply with:

Time of Notice. A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (CRC Rule 3.1203). If the party believes that notice to the opposing party should not be required, the reasons must be clearly specified. (CRC Rule 3.1204(b)(3)).

Contents of Notice. When notice of an ex parte application is given, the person giving notice must state with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application, and must attempt to determine whether the opposing party will appear to oppose the application. (CRC Rule 31204(a)).

Contents of Declaration. An ex parte application for an order must be accompanied by a declaration showing that the notice requirements under Rule 312 et seq. have been fully complied with. (CRC Rule 3.1201, 3.1203 and 3.1204). The declaration regarding notice must include the following: (1) the notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected; or (2) why notice should not be required; or (3) if notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the exceptional circumstances that justify the shorter notice. (CRC Rule 3.1203(a)).

Affirmative Factual Showing Required. An application 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. (CRC Rule 3.1202(c)).

Service of Papers. Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. (CRC Rule 3.1206).

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

the rules are available online. You can get them off the california courts website.

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