An ex parte application requests that the court issue an order for immediate relief. Ex parte applications are used in emergency situations wherein there is not enough time for a standard motion to proceed.

How to Structure the Application

An ex parte 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.” (Rules of Court 3.1202(c).) “In law and motion practice, factual evidence is supplied to the court by way of declarations.” (Calcor Space Facility, Inc. v. Super. Ct. (1997) 53 Cal.App.4th 216, 224.)

“A request for ex parte relief must be in writing and must include all of the following:

1. An application containing the case caption and stating the relief requested;
2. A declaration in support of the application making the factual showing required under rule 3.1202(c);
3. A declaration based on personal knowledge of the notice given under rule 3.1204;
4. A memorandum; and
5. A proposed order.”

(Rules of Court 3.1201.)

“An ex parte application must be accompanied by a declaration regarding notice stating:

1. The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made;
2. That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or
3. That, for reasons specified, the applicant should not be required to inform the opposing party.”

(Rules of Court 3.1204(b).)

“When notice of an ex parte application is given, the person giving notice must:

1. State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and
2. Attempt to determine whether the opposing party will appear to oppose the application.”

(Rules of Court 3.1204(a).)

Ex parte applications are not subject to reconsideration simply because they are unreported. “New” facts, circumstances or law are facts circumstances or law which the moving party could not, with reasonable diligence have previously discovered and produced at the original hearing. (See Wilcox v. Ford (1988) 206 Cal.App.3d 1170, 1180.)

However, the exigency of ex parte applications provides a somewhat different perspective on what can or cannot be diligently presented as compared with a regularly noticed hearing. The absence of written opposition at the ex parte hearing could under appropriate circumstances constitute new circumstances justifying reconsideration. (See Johnston v. Corrigan (2005) 127 Cal.App.4th 553, 556.)

Response

The absence of written opposition at the ex parte hearing could under appropriate circumstances constitute new circumstances justifying reconsideration. (Johnston v. Corrigan (2005) 127 Cal.App.4th 553, 556.)

Statute of Limitations

“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.” (Rules of Court 3.1203(a).)

The application must also “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.” (Id.)