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My Request for Order was continued by the court and I need to know what I need to do to file an ex parte hearing .

Arcadia, CA |

I had a Request for Order on the court's calendar that has now been continued by the court due to the courtroom being dark that day . The court rescheduled for another 2 months away . I need to appear ex parte now as I don't feel it can wait that long . When I do , can I use my papers and the fee that was already paid and just do the ex parte papers or do I need to start all over again ?

Attorney Answers 3

  1. Best answer

    An Ex Parte application/hearing is a separate proceeding that requires its own filing fee. Your Ex Parte application will likely be for an order advancing the hearing date for the RFO you already filed. You do not need to re-file or "start over" with the RFO that has already been filed and currently has a hearing date that is 2 months away. You should attach the RFO as an exhibit to your ex parte application papers.

  2. I am sorry that you are going through this, if possible please hire a local CA attny if you cannot afford to do so then you will need to file a motion with an affidavit along wtih reasons why you need an earlier court date and why you cannot give the other side notice, there must be some specic exigency/ emergency to allow the motion. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  3. In order to file "ex parte papers" you must show that there is some emergency situation that cannot wait until the court hearing. An "emergency" has a very specific meaning, especially when it involves custody and visitation. Regardless, assuming you meet the requisite legal standard for an ex parte application, you need to give ex parte notice to the other party before 10:00 a.m. the day before you plan to go to court and explain what orders you will be seeking. The following day, you need to arrive at court no later than 8:00 a.m., file your ex parte papers with the clerk (and pay another filing fee), and then proceed directly to the courtroom and tell the clerk you are there for an ex parte. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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