What does ex parte hearing mean?

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

What is an ex parte hearing California?

BACKGROUND. “Ex parte” is a Latin legal term for “from (by or for) one party.” An Ex Parte Application is used by one. party to ask the court for an order, such as an order changing a hearing date or deadline, without the usual notice to the other parties to give them time to prepare an opposition.

What happens if a judge issues an emergency ex parte order?

If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days 2 and the respondent but be served at least 5 days before that hearing. 3 At the hearing, the other parent can object to the ex parte order continuing and it will be up to the judge to decide whether or not to continue the order.

What happens at an ex parte hearing in California?

California’s requirement of notice is unnecessary, though, if you can prove there’s a serious risk of violence if the ex parte order is not granted. What Happens After the Judge Reviews the Ex Parte Motion?

When to notify all parties of an ex parte motion?

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 3.1203 (a) (amended eff 1/1/08).

How to file a request for an ex parte?

1 An Affidavit. A sworn statement of the allegations supporting the request for an ex parte. (A sworn statement means your signature on the affidavit must be witnessed by a justice of the peace or a notary public). 2 A Proposed Order. What you would like the court’s order to be. This should be as detailed as possible.

Do I need a lawyer for an ex parte hearing?

As all Ex Parte hearings are time sensitive and usually too emotional, it is highly advised to consult an Ex Parte attorney who will help you before and during Ex Parte hearing process. The Ex Parte attorneys at the Margarian Law firm have extensive experience obtaining and handling Ex Parte hearings.

Do you need to show for ex parte hearing?

The purpose of the hearing is to make sure the other party has been given their due process rights. If the judge denies your ex parte application, a hearing may still be held shortly after the denial. You and the respondent both must appear at the hearing.

Should I attend the ex parte hearing?

If you have been served with an ex parte in Orange County or Los Angeles, California, it is in your best interests to contact an attorney to discuss your case as soon as possible. If you can, you should also attend the hearing, even if you only have 24 hours notice.

What happens at emergency custody hearings?

At the emergency custody hearing, the judge will review the evidence and make a decision regarding custody . If the judge decides to change custody, he or she will issue a temporary order of custody. This could mean that one parent will have full custody of the child for a period of time.