Motion Practice: Ex Parte Applications (CA)

by Practical Law Litigation

A Practice Note outlining the key issues to consider when filing an ex parte motion, typically called an ex parte application, in a California unlimited civil action. This Note explains when ex parte applications are permitted, such as for urgent matters requiring a showing of irreparable harm or where relief is authorized by statute. It details the procedural requirements for making an application, including the strict notice provisions under the California Rules of Court, service of the required documents, appearing at the hearing, and post-hearing challenges. This Note also explains how to draft the necessary papers for an ex parte application, such as the application itself, a memorandum of points and authorities, a declaration of basis for relief, and a declaration of notice. It addresses strategic considerations, such as weighing the use of an ex parte application against a regularly noticed motion and the potential impact on the litigation.