There are no provisions of the California Code or California Rules of Court setting the time within which a motion for continuance or extension of time must be brought. You can file this motion anytime during court hours. Complete all sections up to the Certificate of Service. Motion hearings require only a short court appearance, usually less than 30 minutes. Your first opportunity to respond to your landlord’s application is after you get the order, when you file a “Motion to Set Aside an Ex Parte Order”. Ex-parte means without notice to or argument from the other party. N.Y. 2008), the court of appeals stated that an ex parte order that grants partial summary judgment without granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify an injunction is not ordinarily appealable. An ex parte motion can be brought at any time during a family court case once the Application has been issued and filed. An ex parte hearing is urgent and is requested by one party with short notice to the opposing party. An ex parte motion may be filed together with the initial petition for divorce, petition for legal separation, parenting petition, or other petition. Ex Parte Motion to Compel: When a motion to compel discovery alleges a complete failure to respond or object to discovery and affirmatively states that no timely request for extension of time has been served, an ex parte order on the motion may be entered by the court which requires compliance with the original discovery demand within 10 days of the signing of the order. WHAT SHOULD I DO NOW? Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing. EX PARTE APPLICATION FOR ORDER SPECIFY ORDER SOUGHT. Fill out the Objection and Motion form. “Ex parte” means “by one party.” An ex parte application differs from a motion because it does not require you to set a hearing date. ExParte Motion/Apr 2019 . Use the “Ex Parte Motion to Stay Execution of Writ of Possession” form as guidance. both requests a hearing for a Temporary Order and also asks the court for an emergency Ex Parte Restraining Order immediately. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. NOTE: this motion is made pursuant to the District Court Rules of Civil Procedure, Rule 55(c). Since it normally takes approximately six weeks to get a case to trial, filing for an Ex Parte Order is the best way for you to get enforcement orders if you are in immediate danger or if you feel your situation is an emergency. If you are not planning to move out by the eviction date in the order, then you must submit a “Motion to Set Aside an Ex Parte” at the Board. 3. might be issued without any advance notice to the other parties, or sometimes after very short notice. The risk or threat of harm to a child is one of the most frequently cited reasons for ex parte orders of protection in family court. An Ex Parte Restraining Order approved by a judge . Notice of Motion and Motion-This tells the other party the date, time and courtroom in which the motion will be heard, as well as the reason(s) you are filing the Motion. Use the instructions on page 6. The Court Specialist will hold all applications (except requests for domestic violence restraining orders, gun violence restraining orders, matters identified in Cal. Dismissing a complaint in California by an ex parte application is the topic of this blog post. How Ex Parte Orders Get You Immediate Protection. Law and Motion Departments. An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. An ex parte application is a request by one party that involves a matter that requires urgent attention by the court. 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