How to File an Ex Parte Application in California

To file an ex parte application in California, you prepare an application, a supporting declaration, a declaration regarding notice, a memorandum of points and authorities, and a proposed order; give notice to the opposing party by 10:00 a.m. the court day before your hearing; file the papers with the clerk and pay the $500 civil filing fee (or request a fee waiver); and appear at the hearing to show the court that waiting for a regular motion would cause irreparable harm or immediate danger.¹ Because this process cuts ahead of the normal calendar, judges expect a strong, specific showing of urgency.

Whether Your Situation Qualifies

California Rule of Court 3.1202(c) requires “an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.”² In practical terms, you need concrete facts showing that something bad will happen if the court waits.

Situations that typically justify ex parte relief include a credible threat that the other side will hide or destroy assets, an immediate risk of physical harm, or a looming deadline that makes standard scheduling impossible. Wanting the court to move faster is not enough. Judges look for a specific, time-sensitive threat, not general inconvenience.

Some statutes independently authorize ex parte relief in particular contexts, such as temporary restraining orders or requests to shorten time for service of a motion. If your request fits one of those statutes, cite that basis, but still explain in your declaration why the standard is met.

The Documents You Need

Rule 3.1201 lists five documents that every ex parte request must include:³

An application stating the case caption and the relief you want.
A supporting declaration based on your personal knowledge setting out the facts of the emergency. This is where the Rule 3.1202(c) showing lives.²
A declaration regarding notice, documenting the notice you gave or explaining why notice was not possible or should be excused, following Rule 3.1204.⁴
A memorandum of points and authorities. Under Rule 3.1113 it must include a statement of facts, the applicable law, and a discussion of the authorities you rely on.⁵
A proposed order setting out the specific relief in clear terms.

For general civil cases, there is no single mandatory Judicial Council form for the application itself. Attorneys and self-represented parties draft their own papers following the format requirements in the rules. Family law ex parte requests use a separate set of forms, including the Request for Order (FL-300) and the Declaration Regarding Notice and Service of Request for Temporary Emergency Orders (FL-303).⁶ Check the local rules of the court where you are filing for any additional forms your department requires.

Disclose Any Prior Applications

If you have previously filed an ex parte application that was denied in whole or in part, the new application must disclose every prior attempt and what the court did, even if the new facts are different.² Skipping this is a fast way to lose credibility and get the new application denied.

Identify Opposing Counsel

Your application must give the name, address, email, and telephone number of every attorney you know to represent any party in the case. If a party has no attorney, list that party’s contact information.²

Giving Notice by 10:00 a.m. the Court Day Before

Rule 3.1203 requires notice to the opposing party no later than 10:00 a.m. the court day before the ex parte appearance.⁷ Later notice means you must explain the exceptional circumstances that prevented timely notice in your declaration.⁴

When you give notice, tell the opposing party what relief you are requesting and the date, time, and place of the hearing. Ask whether they plan to appear and oppose.⁴

Your declaration regarding notice must take one of three positions: you gave proper notice and here is what happened; you tried in good faith to give notice but could not, describing the specific steps you took; or you should be excused from giving notice, with an explanation why.⁴ The third option is the hardest. Courts may excuse notice when, for example, alerting the other side would give them time to hide assets or flee the jurisdiction. Vague claims that notice was “impractical” rarely succeed.

Filing With the Clerk and Paying the Fee

Once your documents are assembled and notice has been given, file with the court clerk. The statewide civil filing fee for an ex parte application that requires notice is $500 as of January 1, 2026.¹ If you cannot afford the fee, you can request a fee waiver.⁸

Many California courts now require or strongly prefer electronic filing, and some departments set specific cutoff times for e-filed ex parte papers. Confirm the local rules before you upload. The clerk will assign a hearing date, time, and department once the application is filed.

Serving the Papers

Rule 3.1206 requires parties appearing at the ex parte hearing to serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity. The court generally will not conduct a hearing unless that service has been completed.⁹

If you also mail or personally deliver copies before the hearing, you will need a proof of service. The Proof of Service form (POS-040) requires a person at least 18 years old who is not a party to sign a declaration under penalty of perjury documenting the date of service, the documents served, the name and address of the person served, and the method used.¹⁰ Acceptable methods include personal delivery, mail, overnight delivery, and fax where the parties have agreed to fax service.

The Ex Parte Hearing

You have to appear at the hearing, either in person or remotely. Rule 3.1207 makes appearance mandatory for the applicant, with narrow exceptions for routine matters like a request to exceed a page limit or an application to extend time for service of pleadings.¹¹ Outside those exceptions, not showing up means your application will not be heard.

The judge will have reviewed the filed papers before you arrive. Be ready to explain the emergency concisely, sticking to the facts in your declaration rather than rehashing the case. If the opposing party appears, they get a chance to respond. The judge is looking for one thing: whether the situation is genuinely urgent enough to bypass the normal process.

Possible outcomes are that the judge grants the requested relief, denies the application, or grants a temporary order and sets a future hearing where both sides can present fuller arguments.¹² Partial grants are common. A judge might, for example, freeze a bank account temporarily but leave other requested relief for the regular hearing.

How Long a Temporary Order Lasts

A temporary emergency order remains in effect only until the follow-up hearing, which the court schedules at the same time it issues the order.¹² For temporary restraining orders in particular, California law generally requires the applicant to bring the matter for a full hearing within a short window, and the order expires if no hearing is set or held in that time. At the follow-up hearing the court takes a more thorough look at the evidence and decides whether to extend, modify, or dissolve the temporary order.

Do not treat a temporary order as a final win. The other side will have a full opportunity to respond at the follow-up hearing with declarations, evidence, and argument. If you fail to appear at that hearing, the court will likely dissolve the order.

If You Are Opposing an Ex Parte Application

If someone files an ex parte application against you, you have the right to appear and oppose. There is no single statewide deadline for filing a written opposition. Rule 3.1206 requires opposition papers to be served on all appearing parties at the first reasonable opportunity, and the court will not proceed without that service.⁹ Individual judges set their own deadlines for written opposition, often requiring papers by the afternoon before the hearing, so check the assigned department’s procedures as soon as you receive notice.

Even without written opposition, showing up matters. You can make oral arguments, point out factual problems with the applicant’s declaration, and ask for a continuance so you have time to file a full response. Many judges will convert an ex parte into a regularly scheduled motion rather than rule on incomplete information.

Risks of Filing Without a Real Emergency

Filing an ex parte application that lacks genuine urgency carries consequences beyond denial. California law authorizes courts to impose sanctions for filings that are frivolous or filed for an improper purpose, including monetary penalties and orders to pay the other side’s attorney’s fees. Judges also remember parties who abuse the process, and that reputation makes it harder to get ex parte relief when you actually need it.

If your situation is urgent but not emergency-level, consider filing a noticed motion on shortened time instead. That route still accelerates the timeline, gives the other side more notice, and is far less likely to draw skepticism from the bench.

1
Judicial Branch of California. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
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Judicial Branch of California. Rule 3.1202 Contents of Application
3
Judicial Branch of California. Rule 3.1201 Required Documents
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Judicial Branch of California. Rule 3.1204 Contents of Notice and Declaration Regarding Notice
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Judicial Branch of California. Rule 3.1113 Memorandum
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Superior Court of California, County of Sacramento. Ex Parte Emergency Family Law Temporary Orders
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Judicial Branch of California. Rule 3.1203 Time of Notice to Other Parties
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Judicial Branch of California. Ask for a Fee Waiver
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Judicial Branch of California. Rule 3.1206 Service of Papers
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California Courts. POS-040 Proof of Service – Civil
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Judicial Branch of California. Rule 3.1207 Appearance Requirements
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Judicial Branch of California. Ask for an Emergency Ex Parte Order