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.
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:
(Rules of Court 3.1201.)
“An ex parte application must be accompanied by a declaration regarding notice stating:
(Rules of Court 3.1204(b).)
“When notice of an ex parte application is given, the person giving notice must:
(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.)
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.)
“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.)
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