An Alaska Request for Hearing to Cancel (Vacate) Ex Parte Order is a formal request from a person to the court for a hearing to vacate a court order that was issued without the presence of the person. This type of request is often made when a court order is issued without the other party's knowledge or consent, such as when a restraining order is issued ex parte. The hearing will involve the person making the request being able to present their case for why the court order should be vacated. There are two types of Alaska Request for Hearing to Cancel (Vacate) Ex Parte Order: 1) Request for Hearing to Vacate Temporary Restraining Order (TO); and 2) Request for Hearing to Vacate Permanent Restraining Order (PRO).
Alaska Request for Hearing to Cancel (Vacate) Ex Parte Order
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Request for Hearing to Cancel (Vacate) Ex Parte Order
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If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. The plaintiff must complete a written request to withdraw the protective order, whether it is a temporary or final order.Sec. 83.004. MOTION TO VACATE. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms NOTE: An ex parte order of protection will expire after 15 days if there has been no hearing or valid continuance on the petition. The party asking the Judge to vacate or cancel the default judgment must show "good cause" meaning a very good reason for vacating the default judgment. Or the Judge may rule on the Motion without a hearing. File and send an "OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR. MODIFY" form, see Section A. • Get ready for a court hearing. It is a written request asking the court to withdraw or take back (vacate) a previous order the court entered in your case. Such temporary ex parte order must be served concurrently with the notice of hearing and petition as provided in subsection (5). 3.