Legal Question in Civil Litigation in California

Ex parte in Civil Law?


When requesting an ex parte and it is placed on the calendar, do I need to serve the other party the documents I plan to file with the court for the ex parte?

Please advise.


Asked on 3/26/09, 5:57 pm

2 Answers from Attorneys

Mark Russakow Russakow, Ryan and Johnson

Re: Ex parte in Civil Law?

It depends on the court. Most do not, but some do require it and that it be filed the day before the hearing. I would check your local rules or consult an attorney.

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Answered on 3/26/09, 6:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Ex parte in Civil Law?

In addition to what Mr. Russakow says, you must hand a copy to the other side on the day of the hearing, and you have to give them notice usually before 10 a.m. the day before. There are other requirements, too. So make sure you're up to speed on everything you need to do. If you don't cross your t's and dot your i's, you might lose out.

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Answered on 3/26/09, 7:19 pm

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