The LASC ex parte procedure lets a party in the Los Angeles Superior Court ask a judge for an emergency order without waiting the 16 court days that a regular noticed motion requires.1Judicial Branch of California. California Rules of Court 2026 – Rule 3.1300. Time for Filing and Service of Motion Papers To use it, you file a sworn application showing irreparable harm or immediate danger, give the other side notice by 10:00 a.m. the court day before the hearing, and appear the next morning in the department where your case is assigned. Judges deny these applications routinely when the facts don’t show a real emergency, so the filing has to be built around specific, time-sensitive facts.
When a Judge Will Grant Emergency Relief
The applicant must show, through a sworn declaration based on personal knowledge, that waiting for a regularly scheduled hearing would cause irreparable harm, immediate danger, or some other harm recognized by statute.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1202. Contents of Application The threshold is intentionally steep. Judges want concrete facts explaining why the emergency can’t wait. General assertions that the case is important, or that the other side is behaving badly, will not carry an ex parte application.
Situations where courts do grant relief include temporary restraining orders to prevent domestic violence or harassment, orders freezing bank accounts to stop one spouse from draining community assets during a divorce, and orders shortening the time to serve a motion that would otherwise be heard after trial. If your problem is really just that the 16-court-day timeline pushes a hearing past a critical deadline, an application to shorten time is often the better tool: it asks the judge to compress the schedule for a regular motion rather than ruling on the merits immediately. Attach a draft of the underlying motion so it can be filed right away if the application succeeds.
Filing a baseless ex parte application can trigger sanctions under Code of Civil Procedure section 128.7, including payment of the opposing party’s attorney fees.3California Legislative Information. California Code CCP 128.7 – Signing of Pleadings
Notice by 10:00 a.m. the Court Day Before
Even though ex parte applications move fast, you must notify all other parties before the hearing. California Rules of Court, Rule 3.1203 sets the deadline at 10:00 a.m. the court day before the appearance.4Judicial Branch of California. California Rules of Court Rule 3.1203 – Time of Notice to Other Parties Missing that cutoff is not automatically fatal, but you then have to explain the exceptional circumstances that justified the delay in a declaration filed with the court.5Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice
The notice itself has to tell the opposing party what relief you’re seeking, the date and time of the hearing, and the department where the application will be presented. You also have to try to find out whether the opposing party plans to appear and oppose.5Judicial Branch of California. California Rules of Court Rule 3.1204 – Contents of Notice and Declaration Regarding Notice Vague notice that doesn’t say what’s being requested is treated as no notice at all.
In narrow situations, the court can waive notice entirely. Your declaration has to explain why informing the opposing party shouldn’t be required, usually because advance warning would let the other party hide assets, destroy evidence, or cause physical harm. Judges grant these waivers rarely and only with a detailed, fact-specific explanation.
The Five Required Documents
A complete ex parte packet under California Rules of Court, Rule 3.1201 has five parts:6Judicial Branch of California. California Rules of Court 2026 – Rule 3.1201. Required Documents
- An application stating the case caption and the specific relief being requested.
- A supporting declaration based on personal knowledge laying out the facts that establish irreparable harm or immediate danger. This is the heart of the filing. Speculation, hearsay, and conclusory statements will sink it.
- A separate declaration regarding notice, explaining exactly when, how, and to whom notice was given, or why notice should be excused.
- A memorandum of points and authorities showing that the requested relief is authorized under California law.
- A proposed order the judge can sign if the application is granted.
If you’ve previously applied for ex parte relief on the same issue and been denied, the new application must disclose every prior application and the court’s ruling on each one, even if the new facts are different.2Judicial Branch of California. California Rules of Court 2026 – Rule 3.1202. Contents of Application Judges watch for repeat filings, and hiding a prior denial destroys credibility fast.
Filing, Fees, and Where the Hearing Happens
Ex parte applications are filed through the court’s electronic filing system. Unlike regular motions, ex parte hearings are not booked through the Court Reservation System. The clerk schedules the hearing when the documents are e-filed. Parties exempt from mandatory e-filing in the Central District file physical papers at the first-floor filing window of the Stanley Mosk Courthouse and must pay fees by 11:00 a.m.
The filing fee is $60.7Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 If you can’t afford it, you can request a fee waiver. Bring copies of your file-stamped documents to the courtroom, or at least the e-filing transaction number.
Most ex parte applications are heard in the department where the case is already assigned. For unlimited civil cases in the Central District, hearings start at 8:30 a.m. Writs and receivers departments also hear ex parte matters daily at 8:30 a.m. Limited civil and unlawful detainer ex parte hearings run at 1:30 p.m. Arrive early, check the calendar to confirm your matter is listed, and be ready to present it concisely. Ex parte calendars can be long, and a rambling presentation won’t help.
Remote appearances are available through LACourtConnect at no charge, but you still have to provide copies of your moving papers and proposed order directly to the department hearing the matter.8Superior Court of Los Angeles County. LACourtConnect
If You’re Opposing an Ex Parte Application
Getting notice that the other side is going ex parte gives you the right to appear at the hearing and argue against it. Any written opposition has to be served on all appearing parties at the earliest reasonable opportunity, and the hearing generally cannot proceed without that service.9Judicial Branch of California. Rule 3.1206. Service of Papers
Given the tight timeline, most opposition will be oral. Show up, explain why the situation doesn’t qualify as an emergency, and bring any declarations or evidence that undercut the applicant’s factual claims. Judges are generally skeptical of ex parte requests and will listen carefully to arguments that normal motion procedures should apply instead.
What Happens After the Hearing
The judge either grants or denies the application, and what you do next depends on the ruling.
If the Application Is Granted
The judge signs the proposed order, often with modifications. The signed order then has to be formally served on all other parties to be enforceable. For a temporary restraining order, proper service is what makes the order real. Same-day service through a private process server typically runs between $150 and $400.
A TRO issued without notice has a built-in expiration. Under Code of Civil Procedure section 527, the court must set a hearing on an order to show cause for a preliminary injunction within 15 days of issuing the TRO, or 22 days if the court finds good cause.10California Legislative Information. California Code of Civil Procedure 527 The party who obtained the TRO has to serve the opposing party with the complaint (if not already served), the order to show cause, supporting declarations, and legal arguments within five days of issuance or two days before the hearing, whichever comes first. If service isn’t completed or you aren’t ready to proceed at the hearing, the court will dissolve the TRO.
The opposing party is entitled to at least one continuance of at least 15 days to prepare a response to the preliminary injunction request, and the TRO stays in place during that continuance.10California Legislative Information. California Code of Civil Procedure 527 Winning the TRO is the opening move. Failing to follow through on the preliminary injunction hearing means the emergency relief goes away.
If the Application Is Denied
Denial doesn’t make the underlying issue disappear. The court may set the matter on the regular motion calendar so both sides get proper notice and time to brief the issue. Often a denial reflects the judge’s view that the situation, while serious, isn’t urgent enough to justify skipping normal procedures. The usual next step is a standard noticed motion or an application to shorten time.