To file an order shortening time in California, you bring an ex parte application asking the judge to let your motion be heard on a compressed schedule instead of the 16-court-day notice period required by Code of Civil Procedure Section 1005(b). The packet is five documents, notice to the other side is due by 10:00 a.m. the court day before you appear, and you have to show real good cause — genuine harm from waiting, not a scheduling problem you created.
What an OST Actually Does
An OST changes the calendar. It does not ask the judge to rule on your underlying motion at the ex parte hearing. You still file that motion, the other side still gets to oppose it, and the judge still holds a regular hearing on it. What the OST changes is how much notice the other side gets and how fast that hearing happens.
This is different from asking for substantive ex parte relief, where the court rules on the merits without a full hearing. Courts are far more willing to shorten time than to grant substantive orders on an ex parte basis, so when your motion would affect the opposing party’s rights, an OST is usually what the court expects you to request.
Show Good Cause
California Rules of Court, Rule 3.1300(b) lets the court shorten the normal filing and service deadlines “on application for an order shortening time supported by a declaration showing good cause.”1Judicial Branch of California. California Rules of Court Rule 3.1300 – Time for Filing and Service of Motion Papers Rule 3.1202(c) adds that the declaration must contain “competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.”
Good cause means something more than inconvenience. Judges see through poor planning dressed up as urgency. The situations that reliably justify an OST involve genuinely time-sensitive problems: a temporary restraining order hearing that falls before the normal notice window would close, evidence that will be destroyed or lost if the motion is not heard quickly, or a statutory deadline with no room for standard notice. The thread running through all of them is that waiting the full 16-plus court days would cause concrete harm that cannot be undone later.
The Five Documents You File
Rule 3.1201 lists everything a request for ex parte relief must include.2Judicial Branch of California. California Rules of Court Rule 3.1201 – Required Documents
- An ex parte application with the full case caption identifying the motion you want expedited and the specific relief you are requesting. Under Rule 3.1202(a), it must list the name, address, email, and phone number of every attorney you know to be representing any party, or the equivalent contact information for any self-represented party you can reach. Under Rule 3.1202(b), if any prior ex parte application in the case was denied, you have to disclose every previous application and the ruling on each.
- A supporting declaration, based on personal knowledge, laying out the specific facts that establish good cause. Vague assertions about urgency do not work. The declaration needs concrete detail about what will happen if the motion is not heard on the normal timeline.
- A separate declaration regarding notice, confirming that you notified the opposing parties as required by Rule 3.1204 or explaining why you could not or should be excused.
- A memorandum of points and authorities citing the rules and any case law that applies.
- A proposed order for the judge to sign. Include the new hearing date and time for the underlying motion and the revised deadlines for opposition and reply papers. The signed order becomes the controlling document, so the dates you propose have to work.
Give Notice by 10 a.m. the Day Before
Even though you are asking for expedited relief, you cannot blindside the other side. Rule 3.1203 requires you to notify all parties of your intent to appear ex parte no later than 10:00 a.m. the court day before the appearance.3Judicial Branch of California. California Rules of Court Rule 3.1203 – Time of Notice to Other Parties Missing that deadline means showing exceptional circumstances that justify shorter notice.
The notice itself has to state the nature of the relief you are requesting and the date, time, and location of the ex parte hearing. You should also try to find out whether the opposing party plans to appear and oppose.4Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice
Your declaration regarding notice then describes exactly what you did: who you contacted, when, how, what you told them, what they said, and whether you expect opposition. If you tried but could not reach the other party, the declaration must explain the specific steps you took. If you believe you should be excused from giving notice entirely, the declaration must say why.4Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice A sloppy or incomplete notice declaration is one of the fastest ways to get an application denied before the judge reaches the merits.
Filing Fee
As of January 1, 2026, the filing fee for an ex parte application requiring notice to other parties is $60 under Government Code Section 70617(a).5Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you qualify for a fee waiver, the ex parte fee is covered.
At the Ex Parte Hearing
Most courts hear ex parte matters first thing in the morning. Check the local rules and the assigned department’s procedures for your courthouse, because practices vary across California’s 58 counties. Some courts allow telephonic or remote appearances for ex parte matters; others require you to appear in person.
At the hearing you briefly explain why good cause exists and why the matter cannot wait for regular notice. The judge reviews your declaration, the proposed order, and any opposition that was filed. The hearing is usually short. If the judge finds good cause, the proposed order gets signed, often with modifications to the dates you proposed. If not, the application is denied and you file your motion on the normal 16-court-day timeline.
After the Judge Signs
Once the OST is signed, move fast. Serve a file-stamped copy of the signed order along with the underlying motion papers on all other parties. The shortened deadlines only work if the other side actually receives the documents in time to respond. If you blow the service step, the opposing party can argue they had no meaningful opportunity to oppose the motion, and the court may continue the hearing or vacate the order.
Read the deadlines in the signed order carefully. Your OST overrides the standard 1005(b) notice period with compressed dates for opposition and reply. Make sure every party knows the new schedule.
Watch the Day Counting
The 16-day baseline under CCP 1005(b) is measured in court days, which exclude weekends and court holidays. When you count backward from a hearing date, you skip non-court days. In practice, 16 court days is closer to three calendar weeks than two.
Service method also adds time. Service by mail within California adds five calendar days to the notice period. Mail service to an address outside California but within the United States adds 10 calendar days. Overnight delivery or fax service adds two calendar days.6California Legislative Information. California Code of Civil Procedure 1005 When an OST shortens the notice period, these service add-ons can eat much of the time you just gained. If speed is critical, serve personally or electronically where the parties have consented to electronic service.
If the Judge Denies It
A denial is not the end.
If the problem was procedural — an incomplete notice declaration, a missing document — fix the deficiency and refile. In many cases you can appear ex parte again the next court day with a complete package.
If the judge found you did not establish good cause, you can file a motion for reconsideration under CCP Section 1008(a) within 10 days of being served with written notice of the order. Reconsideration requires new or different facts, circumstances, or law that you did not present the first time.7California Legislative Information. California Code of Civil Procedure 1008 Rearguing the same points more persuasively does not qualify. You also have to disclose the prior application and its ruling, and the same judge who denied it hears the reconsideration motion.
If neither path works, file the underlying motion on regular notice. The 16-court-day timeline guarantees you a hearing without needing the court’s permission on scheduling.