How to File an Ex Parte Application in Santa Clara County, California Family Court (non DV)

How to File an Ex Parte Application in Santa Clara County Family Court (non DV)

When you need an emergency order from the court that is not related to domestic violence, follow these steps. Disclaimer: this guide is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Complete Ex Parte Application Forms

Complete SC-1013, FL-300, FL-305 and Fl-310. Go to http://www.courtinfo.ca.gov/forms for fillable forms. Per the local rules, "Ex Parte Applications are extraordinary remedies. Most Ex Parte Applications are appropriate only where an emergency needs to be addressed before a motion or OSC can be heard. All Ex Parte Applications are handled on the documents submitted. No hearings are scheduled to argue Ex Parte Applications."

Serve Ex Parte Application Forms

Serve the Application by fax, mail or in person. This must be done by an adult other than you. Per the local rules, "all moving papers, must be either personally served upon the opposing attorney or self-represented party, transmitted by FAX with telephone or electronic confirmation of receipt, served by first class mail at least 5 calendar days prior to submission to the Court Specialist, or served by an overnight or next-day carrier with either telephone confirmation of receipt or return receipt prior to submission to the Court Specialist. Service by mail shall be allowed only where notice by FAX or personal delivery is impossible. Telephone notice alone is not sufficient."

Submit Ex Parte Application Forms to Document Examiner

Submit the Ex Parte Application to the document examiner. The Document Examiner will hold the Application for 24-48 hours before giving it to the Judge to allow the other party to respond. You can check the status of your Application at http://www.sccsuperiorcourt.org/family/exparte.htm.

Serve Ex Parte Order

If the Court grants your Application, you need to serve the Application within the time alloted by the Court (generally 5 days before the hearing - personal service). If the Court denies your Application, the Court will usually set the matter for a regular hearing, and you need to serve the Application per the normal service rules (16 days before the hearing date if personally served; add 5 days if mailing it).

Additional Resources

For more information, you can go to http://www.sccsuperiorcourt.org/family/default.htm. Click on the "Family Rules and Attachments" and go to rule 5C.