What are the local rules for ex parte applications in Los Angeles?
The Los Angeles Superior Court’s local rules and departmental guidelines at the Stanley Mosk Courthouse govern ex parte applications with direction found in both the Local Rules, Chapter 3, and in individual department courtroom information sheets.
Relevant Local Rules of the Los Angeles Superior Court
1. Local Rules 3.4 and 3.5 (Electronic Filing and Ex Parte Applications)
Under Los Angeles Superior Court Local Rule 3.5, ex parte applications are generally required to be filed electronically by 10:00 a.m. on the court day prior to the ex parte hearing.[2] Self-represented litigants and those exempted from e-filing may file in person at the Stanley Mosk Courthouse by 11:00 a.m. on the day of the hearing.[2] Notice to all parties must be provided by 10:00 a.m. the court day before the appearance, in accordance with Cal. R. Ct. 3.1203.
Under Local Rule 3.4(a), the Los Angeles Superior Court mandates e-filing in civil matters unless a litigant qualifies for an exemption; Local Rule 3.5 governs procedural requirements for ex parte motions, requiring electronic submission and advance service.
2. Local Rule 3.128 — Ex Parte Communications Prohibited
Los Angeles Superior Court Local Rule 3.128 prohibits ex parte communication with the court outside of proper proceedings. Counsel must instruct clients and witnesses not to contact the court without all counsel present on the record. Violations must be disclosed by the court and made part of the record.[3]
California Rules of Court (Statewide Authority)
The Los Angeles Superior Court local procedures operate in tandem with the California Rules of Court, Rules 3.1200–3.1207:
- Cal. R. Ct. 3.1202 – Specifies the required contents of an ex parte application, including identification of counsel and a factual showing of urgency.[5]
- Cal. R. Ct. 3.1203 – Requires notice to other parties by 10:00 a.m. the court day before the hearing, absent exceptional circumstances.[4]
- Cal. R. Ct. 3.1206 – Requires prompt service of ex parte papers and forbids the court from conducting a hearing unless reasonable service has occurred.[6]
Department-Specific Rules (Stanley Mosk Courthouse)
Department 15 (Hon. Richard L. Fruin)
Ex parte applications are held Monday through Friday at 8:30 a.m. Applications must be e-filed no later than 10:00 a.m. the day before the hearing, and opposing counsel must be served at the same time. Courtesy copies are to be delivered to the courtroom’s courtesy box. The applicant must appear in person at the hearing. (Department 15 Courtroom Information Sheet).[1]
Department 19 (Civil General Jurisdiction)
Ex parte matters are heard daily at 8:30 a.m., subject to Local Rule 3.5 and California Rules of Court, rule 3.1203. Filings must be complete by 10:00 a.m. the previous court day for electronic submissions or by 11:00 a.m. the hearing day if filed in person. Declarations must include notice details and a summary of responses from other parties.[2]
Summary Table: Key Local Requirements
| Rule or Department | Requirement | Filing Deadline | Notice Requirement |
|---|---|---|---|
| Local Rule 3.5 | E-filing of ex parte papers | 10:00 a.m. prior court day | Notice by 10:00 a.m. prior court day |
| Dept. 15 (Stanley Mosk) | Hearing at 8:30 a.m. daily | 10:00 a.m. prior court day | Service simultaneous with filing |
| Dept. 19 (Stanley Mosk) | Hearing at 8:30 a.m. daily | 10:00 a.m. prior court day (e-file) | Notice by 10:00 a.m. prior court day (Rule 3.1203) |
| Local Rule 3.128 | No off-the-record ex parte contact | — | — |
In summary, Los Angeles Superior Court ex parte procedures require mandatory e-filing (Local Rule 3.4), notice by 10:00 a.m. preceding the hearing (Local Rule 3.5; Cal. R. Ct. 3.1203), and in-court appearance of applicants. Departments 15 and 19 at the Stanley Mosk Courthouse both hold ex parte hearings at 8:30 a.m., with strict adherence to electronic filing and courtesy copy requirements.[1][2][3][4][5][6]