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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Ex Parte Motion

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 Orange

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login or join now.

 

 Timing

Notice

ex parteex parte When notice of an ex parte application is given, the person giving notice must state with specificity the more...   

Complex Actions -- Meet and Confer Required

Within 20 days after service of the responsive pleading by the first responding and thereafter as each defendant more...

Where necessary in multi-defendant cases, and upon a showing of good cause, the parties may apply f or more...

The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive more...

Failure to comply with the requirements of this rule may result in sanctions pursuant to Rule 381. more...

.

Orange County Complex Civil Case Guidelines, available online at: . more...

 Ex Parte Procedures

No Notice

The court may grant relief without notice to the opposing party. An application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be more...

Identification of Attorneys

An ex parte application must state the name, address, and telephone number of any attorney known to the more...

Affirmative Factual Showing Required

An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of more...

Notice of Ex Parte Application

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

(1) State with specificity the nature of the relief to be requested and the date, time, and place more...

(2) Attempt to determine whether the opposing party will appear to oppose the application. . more...

 

Declaration Re Notice

An ex parte application for an order must be accompanied by an affidavit or a declaration showing: more...

If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration more...

Disclosure of Prior Application

If an ex parte application has been made to the court and has been refused in whole or more...

Judge's Procedures

Information regarding procedures can be obtained from the courtroom of the judge who will hear the application. more...

Judge To Whom Matter Is Assigned

All ex parte applications will be heard by the judicial officer to whom the case is assigned or more...

Ex Parte Procedures Information

Information on the procedure for the various departments is available on line at: . more...

Complex Cases -- Special Requirements

The court s consideration of an ex parte application will not interfere with or delay any trial in progress. more...

The application shall include a declaration of Notice of Ex Parte Hearing and a proposed order; and shall more...

Orange County Complex Case Guidelines, available online at: . more...

 MOVING PAPERS

Required Documents

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

.

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Local Rule Regarding Designation of Judicial Officer and Other Information

All documents filed in cases subject to civil case management, with the exception of the original summons and more...

ASSIGNED FOR ALL PURPOSES TO: more...

JUDICIAL OFFICER (insert name) more...

DEPARTMENT (insert no.) more...

In addition, the face page of any subsequent document must also designate the nature of the document, the more...

Memorandum of Points and Authorities

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

15 Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

Table of Contents

A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...

Summary of Argument

A memorandum that exceeds 15 pages must also include an opening summary of argument. . more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Orange County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Evidence

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

Declarations

Orange County SmartRules procedural guide: DECLARATIONS. more...

Judicial Notice

Orange County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

 Additional Documents

Application

A request for relief must include an application containing the case caption and stating the relief requested. . more...

Declaration Supporting Application

Papers seeking ex parte relief must include a declaration in support of the application making the required factual more...

Declaration Re Notice

Papers seeking ex parte relief must include a competent declaration based on personal knowledge of the notice given. more...

Proposed Order

Papers seeking ex parte relief must include a proposed order. . more...

A proposed order may be lodged and served with the moving papers but must not be attached to more...

Additional Forms

There may be additional forms that should be filed along with the ex parte application. Check the list of Orange County Superior Court forms, online at . more...

 FILING AND SERVICE

Filing

Judge's Procedures

Information regarding procedures can be obtained from the courtroom of the judge who will hear the application. more...

Judge To Whom Matter Is Assigned

All ex parte applications will be heard by the judicial officer to whom the case is assigned or more...

Ex Parte Procedures Information

Information on the procedure for the various departments is available on line at: . more...

Complex Cases -- Special Requirements

The court s consideration of an ex parte application will not interfere with or delay any trial in progress. more...

The application shall include a declaration of Notice of Ex Parte Hearing and a proposed order; and shall more...

Orange County Complex Case Guidelines, available online at: . more...

Complex Civil Actions -- Electronic Filing Mandatory

Electronic filing is mandatory for all complex cases in Orange County Superior Court. more...

For more detailed information requirements, Orange County SmartRules procedural guide: FILING DOCUMENTS. more...

Filing Fee

The Orange County fee schedule is online at . more...

Service

Parties appearing at the hearing must serve the application or any written opposition on all other appearing parties at the first reasonable opportunity. more...

 Hearing & Disposition

Appearance Mandatory

The moving party or counsel for the moving party must be personally present when the request for TRO more...

Ex parte applicants except in the following cases: more...

.

 Telephonic Appearances

NEW RULE AMENDMENTS EFFECTIVE JANUARY 1, 2014

Applicants

Opposing Parties

Even if the applicant has not complied with the above requirements parties opposing an ex parte order

Any party other than an applicant choosing to appear by telephone at an ex parte appearance must

If the notice is in writing, it must be given by filing a Notice of Intent to

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior