Ex-parte applications relating to the CMP guidelines must be prepared in conformance with California Rule of Court 3.1203 - external link, and submitted to the appropriate department. Uncontested ex parte applications are usually ruled on without a hearing. Contested ex parte applications may be set for hearing, or a ruling can be made on the pleadings, depending on the department. It is recommended that parties seeking an ex parte order that is contested call the appropriate department before noticing the opposing party.
Law and Motion Departments
Pursuant to Local Rule section 2.35, a party seeking an ex-parte order shall notify the parties no later than 10:00 a.m. the court day before the ex-parte appearance, absent a showing of exceptional circumstances pursuant to California Rules of Court 3.1203 - external link. The adequacy of the application for temporary relief will be determined solely on the papers submitted. If the application is deemed adequate, the court may allow supplemental argument, either oral or written, by either party.
An appointment must be made with the appropriate Law and Motion department, according to the table below, no later than 10:00 a.m. the court day before the appearance. Office hours are between 8:30 a.m. and 4:00 p.m. daily. Such applications must include a written supporting declaration, stating whether the opposing party is represented by counsel, whether that party has been contacted and has agreed to the requested order, or why the order should be issued without such notice.
- Department 53
- Monday through Friday starting at 9:00 a.m.
- Department 54
- Monday through Thursday starting at 1:30 p.m. and Fridays starting at 10:15 a.m.
Before appearing for the ex parte hearing in Departments 53 and 54, the appropriate fee must be paid in person at the Civil Filing Windows located at the Hall of Justice Building, 813 6th Street, Room 212, (2nd Floor).
Ex Parte Application for Order Shortening Time
Pursuant to Local Rule 2.35, except by order of the court, following a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for a briefing schedule that (1) allows for opposition papers to be filed and served no less than five court days prior to hearing date sought, and (2) allows for reply papers to be filed and served no less than two court days prior to the hearing date being sought. The court, in its discretion, and upon a showing of good cause, may order a shorter timeline for the filing of these documents, or that there be no reply; but in no event shall the last paper on the underlying motion be filed later than 9:00 a.m. two court days before the hearing. The moving papers must be accompanied by a copy of the order and all papers, including subsequent papers filed in the matter, must indicate on the caption page that the matter was brought pursuant to an order shortening time and specific identification of the date of the order.