Legal Question in Civil Litigation in California

If council for the defendant in civil litigation calendared an Ex-Parte hearing, which was not urgent, what Penal Code and / or Code of Civil Procedure did defense council violate?

Asked on 8/29/13, 9:12 pm

4 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green
0 users found helpful
0 attorneys agreed

Not sure how ..(assuming I understand what you are asking)

Read more
Answered on 8/29/13, 10:47 pm
Charles Perry Law Offices of Charles R. Perry
0 users found helpful
0 attorneys agreed

Almost certainly no violation of the Penal Code or the CCP was violated.

While the ex parte should be denied for the lack of urgency, there is no sanction that is available to you as a result.

Read more
Answered on 8/30/13, 12:05 am
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

None, and certainly not the Penal Code which covers crimes.

Read more
Answered on 8/30/13, 8:19 am
Joel Selik
0 users found helpful
0 attorneys agreed

CA Rules of Court: Rule 3.1202.

(c) Affirmative factual showing required

An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.

The Other Rules on Ex Parte for the California Rules of Court are:

Rule 3.1200. Application

Rule 3.1201. Required documents

Rule 3.1202. Contents of application

Rule 3.1203. Time of notice to other parties

Rule 3.1204. Contents of notice and declaration regarding notice

Rule 3.1205. Filing and presentation of the ex parte application

Rule 3.1206. Service of papers

Rule 3.1207. Personal appearance requirements

Read more
Answered on 8/30/13, 9:00 am

Related Questions & Answers

More General Civil Litigation questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

General Civil Litigation Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now