What is the rule about going ex parte?
California ex parte rule
In a California civil case, ex parte applications are governed by the California Rules of Court unless a statute or another rule provides otherwise. The applicant must show, through competent declaration testimony based on personal knowledge, irreparable harm, immediate danger, or another statutory basis for relief.[6][5]
Generally, the applicant must notify all parties by 10:00 a.m. on the court day before the application is presented. Shorter notice requires exceptional circumstances; unlawful-detainer proceedings have a separate reasonable-notice standard.[3]
Required papers and notice
A written ex parte request generally includes:
- An application stating the relief requested;
- A supporting declaration establishing the emergency or other legal basis;
- A declaration about notice;
- A memorandum; and
- A proposed order.[4]
Notice must specify the relief sought and when and where the application will be presented, and the applicant must try to determine whether the other side will oppose it. The notice declaration must describe the notice and any response, document good-faith but unsuccessful efforts to give notice, or explain why notice should not be required. If notice is shorter than the ordinary deadline, explain the exceptional circumstances.[2][3]
The core question is whether a declaration establishes facts showing why the court must act before the matter can be heard on regular notice—not merely that the requested relief is important.
If the application seeks a temporary restraining order without notice, Code of Civil Procedure section 527(c) additionally requires facts showing great or irreparable injury before a noticed hearing, plus a sworn certification that the other side was informed, could not be informed despite good-faith efforts, or should not be informed for stated reasons.[7]
Local requirements matter
Check the court’s local rules and procedures, which may prescribe filing deadlines, forms, service, and whether the matter is decided on the papers or at a hearing. For example, Orange County Probate requires compliance with specified probate and ex parte rules, and has additional filing and service procedures. Probate Ex Parte Procedures, Superior Court of California, County of Orange [1]