Educational guide

California Civil Ex Parte Application Checklist

A practical general-information checklist for organizing an ex parte application in a California civil case, based on current California Rules of Court. It is not individualized legal advice and does not decide whether emergency relief is available.

1. Confirm that a statute, rule or other legal basis permits the specific relief to be requested on an ex parte basis. California Rules of Court, rule 3.1200 states that the ex parte rules govern civil applications unless another statute or rule provides otherwise.
2. Check the assigned superior court's local rules, filing channel and ex parte calendar procedures before selecting a date. Courts may require reservations, particular submission times, courtesy copies or a specific method for contacting the department.
3. Prepare the written papers required by rule 3.1201: the application stating the relief requested, a supporting declaration, a declaration regarding notice, a memorandum and a proposed order. A particular type of relief may require additional forms or evidence.
4. Make the required factual showing in a declaration based on personal knowledge. Rule 3.1202 requires competent facts showing irreparable harm, immediate danger or another statutory basis for ex parte relief, not merely conclusions or urgency labels.
5. Identify known attorneys or self-represented parties and disclose any previous request of the same character or for the same relief, including the court's action, as rule 3.1202 requires.
6. Give notice no later than 10:00 a.m. on the court day before the appearance unless exceptional circumstances justify shorter notice. Rule 3.1203 has a different provision for unlawful-detainer proceedings, so do not use a general checklist to calculate a case-specific deadline.
7. In the notice, state the requested relief and the date, time and place of presentation, and ask whether opposition is expected. The notice declaration must record when, how and to whom notice was given, the response and expected opposition, or explain unsuccessful efforts or why notice should not be required.
8. File, serve and present the papers under rules 3.1205 through 3.1207 and the local court's instructions. Keep filed copies, monitor for opposition or a court order, and seek prompt advice from a qualified lawyer when the requested relief could materially affect a claim, defense or hearing date.

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