How to Ask the Court for an Order as Quickly as Possible in a Civil Case
"Ex Parte" is a Latin legal term for "from (by or for) one party." An Ex Parte Application is used by one party to ask the court for an order, such as an injunction, without the need to give the other parties time to prepare an opposition to the application. Ex Parte Applications are used in emergency situations when there is not enough time to file a noticed motion (noticed motions must be filed and served at least16 days before the hearing date; more time is required if served by mail). Because the notice requirement of motions are designed to ensure the fairness of the procedure, ex parte applications, which by their nature circumvent this process, are highly disfavored, and granted only if absolutely necessary.
There is no Judicial Council form for this procedure. Instead, the relevant documents must be typed on 28-line pleading paper. A customizable template may be downloaded from this link:
Click here to download this Guide, with step-by-step instructions, including sample forms:
Requesting an Ex Parte Order
KF 08/2013; EN review 3/2014