What are the California statutes that authorize relief ex parte?

Question from Surfinglawyer, What are the California statutes that authorize relief ex parte?

Answer from AI:

In California, ex parte relief refers to a legal action taken by one party without notifying the other party. This type of relief is typically sought in urgent situations where waiting for a regular hearing could result in irreparable harm. Several statutes and rules govern ex parte proceedings in California.

Key California Statutes and Rules for Ex Parte Relief

• California Code of Civil Procedure (CCP) § 527: This statute allows for temporary restraining orders (TROs) and preliminary injunctions to be issued ex parte in certain circumstances. The applicant must show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard.
• California Rules of Court, Rule 3.1200-3.1207: These rules provide detailed procedures for ex parte applications, including notice requirements, the contents of the application, and the manner of presenting the application to the court.
• Family Code § 2045: This statute allows for ex parte orders in family law cases, such as orders for custody, visitation, and support, when immediate harm to a child or immediate risk of abduction is alleged.
• Welfare and Institutions Code § 15657.03: This statute permits ex parte orders for elder or dependent adult abuse restraining orders.

General Requirements for Ex Parte Applications

To successfully obtain ex parte relief, the applicant typically needs to meet several requirements:

1. Notice: Generally, the applicant must give notice to the opposing party by 10:00 a.m. the court day before the ex parte hearing, unless there is a good reason not to do so (California Rules of Court, Rule 3.1203).
2. Declaration: The application must include a declaration explaining why the matter is urgent and why notice should not be required (California Rules of Court, Rule 3.1204).
3. Supporting Documents: The application must be supported by affidavits or declarations that provide evidence of the need for immediate relief (California Rules of Court, Rule 3.1202).

When to Seek Legal Advice

Ex parte applications can be complex and have significant consequences. It is often advisable to consult with a legal professional to ensure that all procedural requirements are met and that the application is properly supported. Legal advice is particularly important if:

• You are unsure about the specific requirements for your type of case.
• You need to understand the potential risks and benefits of seeking ex parte relief.
• You require assistance in drafting the necessary documents and declarations.

Additional Resources

For more detailed information, you can refer to the following resources:

• California Legislative Information – Access to the full text of California statutes.
• California Rules of Court – Detailed rules governing court procedures, including ex parte applications.

Remember, while this information provides a general overview, it is not a substitute for personalized legal advice. Always consider consulting with a qualified attorney to address your specific legal needs.