Alameda California Ex Parte Application for Orders and Memo of points and Authorities - General Sample

State:
California
County:
Alameda
Control #:
CA-5051-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is an Ex Parte Application for Orders and includes a Memo of Points and Authorities. The form requires an attachment of declarations, exhibits, other supporting services,and proof of service. The form also contains an order which must be be signed by a judge



Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is a legal document used in Alameda County, California, to request urgent court orders in emergency situations. This comprehensive document template provides a detailed description of the applicant's reason for seeking immediate relief and presents supporting legal arguments to justify the request. The Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is designed to accommodate various types of urgent matters that may arise in the county. Some common types of applications include: 1. Alameda California Ex Parte Application for Temporary Restraining Order: This type of application is used when individuals or entities require immediate court intervention to prevent imminent harm or irreparable damage. The sample document provides instructions on how to draft an effective application for a temporary restraining order. 2. Alameda California Ex Parte Application for Emergency Custody: In cases involving child custody disputes, this type of application can be filed to request immediate temporary custody orders. The sample includes a detailed template for presenting the applicant's arguments and evidence to support the need for emergency custody. 3. Alameda California Ex Parte Application for Stay of Execution: When a party seeks to halt the enforcement of a judgment or order pending an appeal, they can file an ex parte application for a stay of execution. This type of application is more complex and requires specific legal arguments, which are covered in this general sample. 4. Alameda California Ex Parte Application for Order to Show Cause: In situations where an individual or entity has failed to comply with a court order or judgment, an ex parte application for an order to show cause can be submitted. This sample template provides guidance on how to structure the application and present supporting points and authorities. These are just a few examples of the types of Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample documents available. The key to using these templates effectively is tailoring them to the specific circumstances of each case and ensuring they comply with the relevant local rules and procedures. Legal professionals can utilize these templates as a starting point and customize them to fit their clients' needs and unique situations, thus facilitating a smoother legal process.

Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is a legal document used in Alameda County, California, to request urgent court orders in emergency situations. This comprehensive document template provides a detailed description of the applicant's reason for seeking immediate relief and presents supporting legal arguments to justify the request. The Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample is designed to accommodate various types of urgent matters that may arise in the county. Some common types of applications include: 1. Alameda California Ex Parte Application for Temporary Restraining Order: This type of application is used when individuals or entities require immediate court intervention to prevent imminent harm or irreparable damage. The sample document provides instructions on how to draft an effective application for a temporary restraining order. 2. Alameda California Ex Parte Application for Emergency Custody: In cases involving child custody disputes, this type of application can be filed to request immediate temporary custody orders. The sample includes a detailed template for presenting the applicant's arguments and evidence to support the need for emergency custody. 3. Alameda California Ex Parte Application for Stay of Execution: When a party seeks to halt the enforcement of a judgment or order pending an appeal, they can file an ex parte application for a stay of execution. This type of application is more complex and requires specific legal arguments, which are covered in this general sample. 4. Alameda California Ex Parte Application for Order to Show Cause: In situations where an individual or entity has failed to comply with a court order or judgment, an ex parte application for an order to show cause can be submitted. This sample template provides guidance on how to structure the application and present supporting points and authorities. These are just a few examples of the types of Alameda California Ex Parte Application for Orders and Memo of Points and Authorities — General Sample documents available. The key to using these templates effectively is tailoring them to the specific circumstances of each case and ensuring they comply with the relevant local rules and procedures. Legal professionals can utilize these templates as a starting point and customize them to fit their clients' needs and unique situations, thus facilitating a smoother legal process.

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EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.

The memorandum of points and authorities includes any legal authorities and arguments that support your ex parte application. The memorandum of points and authorities must not exceed 25 pages.

Getting Your Ex Parte Matter in Front of a Judge First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney.

Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.

Specifically, California's Rules of Court allow ex parte or emergency application for orders to prevent domestic violence; for orders to prevent immediate loss or damage to property subject to disposition in the case; or to make orders about procedural matters such as the hearing date.

Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.

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Motions are written documents that ask the court to make orders. For example, "Defendant ABC Corporation's Request for Dismissal of Plaintiff John Smith's Complaint.For the reasons discussed in those cases, in Plaintiffs'. Memorandum of Points and Authorities in Support of Preliminary Injunction, and below, this. WORKER'S Ex parte applications must comply with California Rules of Court, rule 3.

9(a). The Court's jurisdiction is “not exercised if an application is filed without any particularized need for the benefit of the [Court's] jurisdiction.” California Civil Rules, rule (i.) California Rules of Court, rule (b). If this was the case, Plaintiff would have submitted a motion only as to the merits — whether the injunction should be granted. Instead, Plaintiff filed a motion seeking an injunction which was also “not required to be filed pursuant to” rule (c)(1). See, California Civil Rules, rule (c)(2). The motion and request for summary judgment were both “not required to be made pursuant to California Rules of Court, except for motions to seal.” In other words, Plaintiffs moved for the motion to seal. The motion was “not required” to be filed under the California Rules of Court. In fact, the motion was filed under Rule 4(d). However, the motion was not “not required to be made under the California Rules of Court.

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Alameda California Ex Parte Application for Orders and Memo of points and Authorities - General Sample