Legal Question in Wills and Trusts in California
When an Ex-Parte Matter is heard, is there a notice that has to be filed with the court, If so what type of notice is it? and How does it have to be executed? Can it be by phone and how does the court keep a record of such notice? Is there a declaration?
2 Answers from Attorneys
Yes. You must notify all parties for an ex parte hearing and you must include in your declaration the notice - who you talked to, how you effectuated notice. See Cal Rules of Court 3.1203. If it is a Probate matter, typically the counties have their own local rules for what constitutes adequate notice so depending on what court you are in and what county, you look at the rules of court, the local rules and the rules specific to the department you are in such as Family Court, Probate etc.
Ms. Mains is correct. The party appearing ex parte must contact the opposing party the "court" day before the hearing no later than 10:00 a.m.
You can read the rule here: http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1203
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