Legal Question in Family Law in California
I was told that I have to go to an ex parte hearing tomorrow morning. I wanted to know if I am supposed to know the nature of the hearing before I go. Is my ex-wife required to tell me the nature of the ex parte?
3 Answers from Attorneys
Here is the general rule in California:
2011 California Rules of Court
Rule 3.1204. Contents of notice and declaration regarding notice
(a) Contents of notice
When notice of an ex parte application is given, the person giving notice must:
(1)State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and
(2)Attempt to determine whether the opposing party will appear to oppose the application.
(b) Declaration regarding notice
An ex parte application must be accompanied by a declaration regarding notice stating:
(1)The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made;
(2)That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or
(3)That, for reasons specified, the applicant should not be required to inform the opposing party.
(c) Explanation for shorter notice
If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain:
(1)The exceptional circumstances that justify the shorter notice; or
(2)In unlawful detainer proceedings, why the notice given is reasonable.