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?
4 Answers from Attorneys
Not sure how ..(assuming I understand what you are asking)
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.
None, and certainly not the Penal Code which covers crimes.
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
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