Get Section 4 2 Ex Parte Application Template 2020-2025

Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.

Promptly upon entry of the award as a judgment, the clerk must serve notice of entry of judgment on all parties who have appeared in the case and must execute a certificate of service and place it in the court's file in the case. (Subd (b) amended effective January 1, 2016.)

An ex parte motion (or stipulation or unopposed motion) must include an "order" in the form of a signature block on which the court or clerk can endorse approval of the relief sought.

The notification, which must specifically identify the matter ruled on, may be given by serving electronically or mailing the parties a copy of the ruling, order, or judgment, and it constitutes service of notice only if the clerk is required to give notice under Code of Civil Procedure section 664.5.

Opposing Party can File and Serve a Written Objection to the Form of an Order - After the judge makes a ruling on a motion or complaint, the court may prepare its own order or judgment, or the court may have one of the parties submit a proposed form of order or judgment.

Serving a notice of ruling in California is governed by Code of Civil Procedure section 1019.5 which requires the prevailing party on any motion to give notice of the court's ruling to all other parties or their attorneys unless notice is waived by all parties and is entered in the minutes.

“The first-to-file rule allows a district court to stay proceedings if a similar case with substantially similar issues and parties was previously filed in another district court.” Kohn Law Group, Inc.

Ex parte is Latin for “for one party” and is used in references to motions, hearings, orders, or cases where one party acts or applies to act in the absence of another. This is an exception to the general legal principle that both parties must be present for legally mandated appointments or court dates.