In California family law, being served with an ex parte application can feel overwhelming. These applications are typically filed when the other party is seeking urgent relief from the court, often without the usual timeframes for hearings. Here is a step-by-step guide to understanding your options and responding effectively.
Step 1: Understand What an Ex Parte Application Is
An ex parte application is a request for the court to make a decision on an urgent matter without the typical notice period. Common reasons for filing ex parte applications include:
- Emergency custody or visitation orders
- Temporary restraining orders (TROs)
- Requests to prevent immediate harm to a person or property
Ex parte applications are heard quickly, often within one or two court days of being filed, which is why timely action is critical.
Step 2: Review the Documents
Carefully review the documents you’ve been served, including:
- The Notice of Ex Parte Hearing: This will provide the date, time, and location of the hearing.
- The Application and Supporting Declaration: These outline the relief the other party is requesting and the reasons for the urgency.
- Proposed Order: This is the order the other party wants the court to sign.
Take note of any claims or allegations made in the supporting documents.
Step 3: Determine If Notice Was Properly Given
Under California Rules of Court, rule 5.151, the other party must notify you of the ex parte application no later than 10:00 a.m. the court day before the hearing. If notice was not timely or was insufficient, you may challenge the ex parte application on procedural grounds.
Exceptions to notice requirements include cases involving immediate harm or irreparable injury, but the applicant must justify the lack of notice.
Step 4: Decide How to Respond
Your response will depend on the nature of the request and the time available. You may:
- Prepare and File an Opposition:
- Write a declaration responding to the allegations and opposing the relief sought.
- Attach any evidence supporting your position (e.g., emails, text messages, or documents).
- File the opposition with the court as soon as possible and serve it on the other party.
- Appear at the Hearing:
- Even if you don’t have time to file a written opposition, you can attend the hearing and present your arguments orally.
- Be prepared to explain why the requested relief is unnecessary or unjustified.
- Request a Continuance:
- If you need more time to prepare, you can ask the court for a continuance. Explain why additional time is necessary and any prejudice you would face if the hearing proceeds immediately.
Step 5: Attend the Hearing
At the ex parte hearing, the judge will consider both parties’ arguments and the urgency of the matter. Be concise, respectful, and focused on the issues. The court may:
- Grant the requested relief temporarily
- Deny the application outright
- Schedule a follow-up hearing to give you more time to respond
Step 6: Comply with the Court’s Order
If the court grants the ex parte application, comply with the order immediately to avoid legal consequences. You may still challenge the order at a subsequent hearing or by filing a motion for reconsideration if appropriate.
Step 7: Consult an Attorney
Ex parte applications can have significant legal and personal consequences, particularly in family law cases. If you’ve been served, consider consulting an attorney to:
- Assess the validity of the application
- Help prepare your opposition
- Represent you at the hearing
Conclusion
Being served with an ex parte application requires quick action and a clear understanding of your rights. By carefully reviewing the documents, meeting deadlines, and presenting a strong opposition, you can protect your interests and ensure a fair outcome. If you have questions or need assistance, Mines Law Firm is here to help.