General Guidelines – Sacramento Court
1. The Ex Parte Application Must be Made by Scheduled Appointment.
Sacramento Court Local Rule 3.14 states: “All ex parte applications for temporary relief, orders to show cause, orders shortening or extending time, or other kinds of orders sought in the law and motion departments shall be presented by appointment only at such times as are designated by the Presiding Judge and published on the court’s website at http://www.saccourt.ca.gov. All ex parte matters presented in a law and motion department shall comply with Rule 2.04.”
Sacramento Local Rule 2.04 states: “(A) All ex parte applications for temporary relief, orders to show cause, orders shortening or extending time, or other kinds of orders shall be set in the department of the Presiding Judge each day, by appointment only, with at least 24 hours’ notice to the opposing party or counsel. Ex Parte Applications and supporting documents shall be filed and paid for at the court’s public counter and endorsed copies shall be brought to the department at the time of the appointment. Such applications must include a written supporting declaration, stating whether opposing party is represented by counsel, whether that party has been contacted and has agreed to the requested order, or why the order should be issued without such notice. The adequacy of the application for temporary relief will be determined on the papers submitted. If the application is deemed adequate, the court may allow supplemental argument, either oral or written, by either party.
(Amended effective 1/1/08)
(B) Except by order of the court, upon a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for opposition papers to be filed and served five (5) court days and reply papers to be filed and served two (2) court days prior to the hearing date. The court, in its discretion, may order a shorter time or that there be no reply; but in no event shall the last paper be filed later than 9:00 a.m. two (2) court days before the hearing. The moving papers must be accompanied by a copy of the order and all papers, including subsequent papers filed in the matter, must indicate on the caption page that the matter was brought on an order shortening time with specific identification of the date of the order and name of the Presiding Judge.
2. Twenty Four (24) Hours Notice Must Be Given to Opposing Counsel.
The notice should 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 Paper Work Can Be Filed in Advance, or Filed the Date of the Ex Parte at the Public Filing Counter.
5. Include a $40.00 check with the case number on it.
Bring one check for $40.00 for the Ex Parte Application, and if you are seeking an Ex Parte Application for an Order Shortening Time (OST) be sure to bring a second $40.00 check so you can file your motion if you OST is granted.
[Source: Statewide Civil Fee Schedule, 2012]
6. Show up in Person on the Day of the Hearing.
Formatting Guidelines – Placer Court
1. One original and two copies may be submitted.
2. The original should not be stapled (Sacramento scans the original, so staples will prevent it from feeding into the scanner). You can and should staple or bind the two copies to keep things organized.
3. Hole punch the two copies. You may choose to hole-punch the original, but it is not necessary.
4. Make sure exhibits have plastic exhibit tabs on them.
5. Make sure the case number is on each check you submit.
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.