The Scope of Ex Parte Hearing
Ex Parte Hearings are common proceedings when one of the parties seeks urgent court intervention. As a rule, parties involved in a court case are entitled to be noticed and heard. The adverse party is to be noticed twenty-one days prior to a pending hearing. Yet, an exception is made in emergency situations when there is a need of immediate court intervention. Consequently, an ex parte decision is made by the judge without requiring all of the parties to the controversy to be present. This may occur in cases like domestic violence, child abuse, assets wasting, unlawful detainer action and some other cases when there is a proved threat to safety.
Ex Parte Hearing Procedures in California
Ex Parte Hearing procedures vary from state to state. For instance, in some states, you are allowed to present your ex parte application to the judge the same day you file it in court. In California, the party seeking an ex parte order must notify all parties no later than 10:00 A.M. previous the court day and/or even shorter upon showing of emergency need. The party filing the ex parte application must provide a written declaration that they have complied with notice requirements, as well as a declaration based on personal knowledge that there is an immediate danger of irreparable harm.
Filing an Ex Parte Application
The purpose of Ex Parte application is to prove that you, as a petitioner, need an urgent order because of an emergency situation. You will be granted an Ex Parte order by the judge if you manage to provide a strong affidavit and supporting documents. Filing an Ex Parte Application in California requires several imperative steps, like contacting the calendar clerk of the court for obtaining a hearing date, meeting the specific filing requirements and deadlines, etc. Note that depending on the court you apply for an Ex Parte Hearing, the filing application requirements may vary.
As all Ex Parte hearings are time sensitive and usually too emotional, it is highly advised to consult an Ex Parte attorney who will help you before and during Ex Parte hearing process. The Ex Parte attorneys at the Margarian Law firm have extensive experience obtaining and handling Ex Parte hearings. Due to their profound knowledge of the law and ability to act fast, attorneys at the Margarian Law firm will guide you through the process of getting an Ex Parte hearing and protect your rights effectively.