General Guidelines – Placer Court

1. The Ex Parte Application Must be Made by Scheduled Appointment.

Placer Court Local Rule 10.8 states “All ex parte requests, including a request for orders shortening or extending time, for temporary relief or other requests will be heard only with a scheduled appointment except in cases of emergency. Appointments will be scheduled through the office of the clerk of the appropriate Court.”  [Source: Placer Local Rule 10.8]

Note:  While the court will schedule you for 7:45 AM, the court does not open its doors until 8:00 AM.  The court would prefer that you stand in the cold, (and preferably rain) for 15 minutes before your hearing.

2. Notice Must Be Given to Opposing Counsel by 10:00 AM the Day Before the Hearing.

California Rule of Court 3.1203 states “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.”

This must include the nature of relief sought, date, time, place of the ex parte hearing, and you should seek to ascertain whether opposing counsel will oppose the ex parte application.

[Source:  California Rule of Court 3.1203]

3.  A Declaration that Notice has Been Given Must be in the Supporting Documents to the Ex Parte Application.

This should include the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected.

[Source:  California Rule of Court 3.1204]

4.  The Ex Parte Application Must Include a Separate Proposed Order.

5.  If the Ex Parte Application Seeks New Trial Dates, a List of Mutually Agreeable Dates Must be Included in the Application.

[Source: Placer Local Rule 10.8]

6.  Include a $40.00 check with the case number on it.

[Source:  Statewide Civil Fee Schedule, 2010]

7.  Show up in Person on the Day of the Hearing.

Formatting Guidelines – Placer Court

1.  One original and two copies may be submitted.

2.  Staple all three documents.  (Placer court does not scan the documents, therefore the court wants all documents, even the original to be stapled).

3.  You may choose to hole-punch the original, but it is not necessary.

 

New Rules As Of January 2016:

Rule 3.1202. Contents of application

(a) Identification of attorney or party

An ex parte application must state the name, address, e-mail address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant.

(Subd (a) amended effective January 1, 2016.)

(b) Disclosure of previous applications

If an ex parte application has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, must include a full disclosure of all previous applications and of the court’s actions.

(c) Affirmative factual showing required

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.


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