San Jose California Ex Parte Application

State:
California
City:
San Jose
Control #:
CA-A-13-FED
Format:
PDF
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This form is an official United States District Court - California Central District form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.


The San Jose California Ex Parte Application refers to a legal process that allows a party to request urgent relief from the court without giving prior notice to the opposing party. This application is typically made in situations where immediate action is necessary to prevent irreparable harm or ensure the effective resolution of a legal matter. In San Jose, California, there may be different types of Ex Parte Applications, each catering to specific legal needs. These may include: 1. Ex Parte Application for Temporary Restraining Order (TO): This application is made when a party seeks urgent court intervention to restrain another party from engaging in certain actions that may cause immediate harm. It is commonly used to prevent domestic violence, harassment, or threats. 2. Ex Parte Application for Emergency Child Custody Orders: This type of application is filed by a party seeking immediate temporary custody of a child due to concerns about the child's safety or well-being. It may be used when there is a risk of harm or immediate danger to the child if left in the care of the other parent or guardian. 3. Ex Parte Application for Preliminary Injunction: This application is made when a party seeks to prevent the opposing party from engaging in certain actions that would cause irreparable harm pending the resolution of a legal dispute. It is commonly used in cases involving intellectual property infringement, breach of contract, or unfair competition. 4. Ex Parte Application for Emergency Eviction Order: This type of application is filed by a landlord seeking immediate court assistance to evict a tenant who poses a threat to the property, other tenants, or breaches the lease agreement in a severe manner. These are just a few examples of the different types of Ex Parte Applications that may be filed in San Jose, California. It is important to note that such applications require strict adherence to procedural rules and must present compelling reasons for the court to grant the requested relief without notifying the opposing party.

The San Jose California Ex Parte Application refers to a legal process that allows a party to request urgent relief from the court without giving prior notice to the opposing party. This application is typically made in situations where immediate action is necessary to prevent irreparable harm or ensure the effective resolution of a legal matter. In San Jose, California, there may be different types of Ex Parte Applications, each catering to specific legal needs. These may include: 1. Ex Parte Application for Temporary Restraining Order (TO): This application is made when a party seeks urgent court intervention to restrain another party from engaging in certain actions that may cause immediate harm. It is commonly used to prevent domestic violence, harassment, or threats. 2. Ex Parte Application for Emergency Child Custody Orders: This type of application is filed by a party seeking immediate temporary custody of a child due to concerns about the child's safety or well-being. It may be used when there is a risk of harm or immediate danger to the child if left in the care of the other parent or guardian. 3. Ex Parte Application for Preliminary Injunction: This application is made when a party seeks to prevent the opposing party from engaging in certain actions that would cause irreparable harm pending the resolution of a legal dispute. It is commonly used in cases involving intellectual property infringement, breach of contract, or unfair competition. 4. Ex Parte Application for Emergency Eviction Order: This type of application is filed by a landlord seeking immediate court assistance to evict a tenant who poses a threat to the property, other tenants, or breaches the lease agreement in a severe manner. These are just a few examples of the different types of Ex Parte Applications that may be filed in San Jose, California. It is important to note that such applications require strict adherence to procedural rules and must present compelling reasons for the court to grant the requested relief without notifying the opposing party.

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FAQ

What is an Ex Parte Application? ?An application brought by a litigant in which no notice (warning) of the application is given to the other party? See Pete, S et al Civil Procedure A Practical Guide 3rd Edition (Oxford University Press Southern Africa (Pty) Ltd 2017) 707.

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.

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.

Keep in mind that an ex parte order is temporary. The temporary order will stay in place until the Request for Order hearing is held. Court hearings are generally set within 20 days.

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.

Ex Parte (or Emergency Notice) must be given to the other party by telephone notifying them of the time, date, place and what orders that you are asking the court for. This Notice usually must be given by 10 AM the COURT DAY before you go to the hearing.

The ex-parte order is passed when the plaintiff appears before the court on the day of the hearing but the defendant does not even after the summon has been duly served. The court can hear the suit ex-parte and give ex-parte decree against the defendant.

Ex parte applications must be efiled no later than a.m. the day before the ex parte hearing. Any written opposition to an ex parte application must be efiled by a.m. the day of the ex parte hearing.

The judge must decide whether to issue a permanent order to replace the temporary ex parte order. 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. If you fail to appear at the hearing, the judge will dismiss the order.

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Fill out the Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (FL-395) form. In re ex Parte Application of Nokia Corp.Obviously the choice for file an ex parte motion is up to you. Application and Order, 04168A, or 0486C). • Enter a date that is at least 3 court days away. Ex parte divorce proceedings are common in California family law cases. Download Declaration Re: Notice Upon ExParte Application for Order (FL004) – Superior Court (Stanislaus County, CA) form. Custody and Visitation Road Map - San Jose Family Lawyer. Obviously the choice for file an ex parte motion is up to you. Application and Order, 04168A, or 0486C).

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San Jose California Ex Parte Application