Applications for Ex Parte Relief
Ex Parte Applications
- In the event of an emergency, the moving party may present an ex parte application for immediate relief upon proper notice to any opposing party via the court drop box (located at the Family Court at 3341 Power Inn Road, Sacramento, CA 95826). Parties must submit their ex parte application via drop box at least 24 hours in advance of their desired ex parte hearing, date and time. For example, if your ex parte is noticed for Wednesday, May 13, 2020, at 8:30 am, you should have submitted your ex parte application to the court by Tuesday, May 12, 2020, at 8:30 am.
- The moving party shall provide the interested party(ies) with the noticed date and time (Monday through Friday; 8:30 am for conservatorship and other ex parte applications, and 10:00 am for guardianship) of the ex parte application, and a (hard or electronic) copy of the application. The moving party shall also inform in writing the noticed party(ies) to submit any written response or objections by using the drop box by 8:30 am on the day of the ex parte hearing with a copy to the moving party.
- At least 24 hours in advance of the ex parte hearing date, the moving party shall file with the court via drop box a completed declaration showing that the noticed party(ies) was served with:
- a notice of the date and time of ex parte hearing
- a copy of the ex parte application
- a copy of the written advisement to the noticed party(ies) re the submission of written response or objections.
- Additionally, the moving party must provide current telephone numbers for all parties, in the event the ex parte application requires a Zoom telepresence appearance and/or hearing to be scheduled. If a Zoom appearance is needed, the court will contact the parties and provide instructions. Once the Judicial Officer rules, based on the pleadings and/or after the Zoom ex parte appearance, a court representative will make the orders and documents available either by pick-up from the drop box or attorney box.
- Parties are required to comply with any service requirements post the ex parte hearing and to submit to the court a proof of service prior the return hearing.
- Counsel and parties are reminded that ex parte relief may only be granted upon a showing of irreparable harm or immediate danger as set forth in CRC 3.1202(c) - external link.
- Any future hearings set as a result of an ex parte application will be set for Zoom return hearings and appearances may be subject to later change. Instructions on how to participate in a Zoom hearing will be provided as Zoom hearings are scheduled.
Miscellaneous Ex Parte Applications for Drop Off via Drop box
Unless an immediate order is being requested, the following ex parte applications may be dropped off Monday through Friday between 8:00 a.m. and 5:00 p.m., using the drop box located on the first (1st) floor of the William R. Ridgeway Family Relations Courthouse:
- Increase Bond (PC 10150)
- Small Estate (PC 7660)
- Withdrawal of Minor's Funds (CRC 7.954)
- Lanterman-Petris-Short (LPS) Proceedings (WIC 5000)
- Court Appointed Counsel for Conservatorship (PC 1471)
All applications and petitions shall be accompanied by local form Declaration of Notice of Ex Parte Application (PR-E-LP-036) and Attachment (PR-E-LP-043) as needed.