CRC 3.1203 - "Time for Ex Parte Notice"


CRC 3.120 is a must-know if you intend to file an parte application and hope to get it heard by a bench officer. Particularly in Los Angeles County, family court judges and family law clerks are relying on jurisdictional and procedural defects to dispose of cases before they get heard - and as to the court clerk's office, before they get handed to a judge (of course, many courts have gone paperless). You simply must know the rules of court dealing with such requests for emergency orders, and all of your paperwork must be comply with the California Rules of Court, and applicable Local Rules. If you are a self-represented party going up against an attorney, even if you miraculously find yourself in front of a judge, opposing counsel will make mince-meat out of you (or you them, if you have Thurman on your side and bother to do your homework)!

BTW, if you do clobber an L.A. attorney, tell them Thurman sent you!


Civil Rules

Ex Parte Applications

CRC Rule 3.1203 Time of notice to other parties

(a) Time of notice
A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (Subd (a) amended effective January 1, 2008.)
(b) Time of notice in unlawful detainer proceedings
A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.

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