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California Ex Parte Application for Orders and Memo of points and...

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

Name: Stockton California Ex Parte Application for Orders and Memo of points and Authorities - General Sample
Brand: US Legal Forms
Rating: 4.72 (339 reviews)

Category:

California Civil Procedure - Applications

State:

California

City:

Stockton

Control #:

CA-5051-KL

Format:

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

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FAQ

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.

Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding. Require the other party to stay away and not harass you.

A memorandum usually includes a description of factual background of the subject case or fact pattern, a statement of the legal issues to be discussed, an introduction of the relevant laws, an analysis of how the law should apply to specific facts and a conclusion.

A sample memorandum of points and authorities (often referred to as a brief) that counsel may use in support of a written motion on notice in an unlimited civil case in California superior court.

The memorandum generally must include a statement of facts, an introduction of evidence and arguments, a discussion of the relevant case law, statutes, or other secondary materials, a conclusion and signature block. In New York state courts, such documents are often called Affidavit/Affirmation in Support.

An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.

The Memorandum of Points and Authorities includes any legal authorities and arguments that support your opposition to the motion. The Memorandum of Points and Authorities must not exceed 25 pages.

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.

The memorandum should be clear so the reader understands the case and the laws that affect it....When laying out the format for a legal memorandum, note that the following sections should be included: Heading. A statement of the legal issue. An answer to the legal issue. A statement of the facts. Discussion. Conclusion.

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AA00528. Memorandum of Points and Authorities in. Support of Ex Parte Application for Leave to File.General Guidelines - Placer Court 1. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 21-48 determining the project is categorically exempt from the California Environmental Quality. RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 21-48 determining the project is categorically exempt from the California Environmental Quality. This memo lays out the overall process, as well as how to analyze each of the criteria and what goes in a clemency package.

THE SOURCING SCENE: The project will have the following five categories: (1) “non-disposed lands.” (2) “conveyed lands.” (3) “remaining lands” (4) “rebuild.” (5) “development.” 3. THE FINE PRINT: In addition to the analysis and justification documents, the City of Picador, which is responsible for this project, needs to provide a detailed plan and timeline for the project and also submit any further supporting documents or reports to the planning commission for their review and consideration. 4. EXPERIMENTATION: The project is categorically exempt from the California Environmental Quality Act and should not require additional exemptions. It does not present an increased or increased-risk of harm or the risks of harm arising from the project that are greater than those that would be present in a non-residential use.

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

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