To oppose an ex parte application in California, you file a short written opposition with a sworn declaration, serve it on the other side, and appear at the hearing to argue that the applicant has not shown a real emergency or has failed to give proper notice. You often have less than a day to put it together. The judge will decide on the spot, usually in a matter of minutes, so your papers and your argument have to be tight and aimed at the weakest parts of the application.
Grounds That Actually Persuade the Judge
The strongest argument in most oppositions is that there is no genuine emergency. California Rules of Court require the applicant to make an affirmative factual showing of irreparable harm, immediate danger, or some other statutory basis for bypassing the normal hearing process.1Judicial Branch of California. California Rules of Court 3.1202 – Contents of Application That is a high bar. If the situation could wait two or three weeks for a regular motion hearing without anyone suffering real, irreversible harm, the application should fail. Explain in plain terms why the harm the applicant describes is speculative, compensable with money, or simply not urgent enough to warrant emergency relief.
Defective notice is the other main line of attack, and it can end the hearing before the judge reaches the merits. The applicant must notify you no later than 10:00 a.m. the court day before the hearing, and the notice must state the date, time, and location of the hearing along with the specific relief being requested.2Judicial Branch of California. California Rules of Court 3.1203 – Time of Notice to Other Parties3Judicial Branch of California. California Rules of Court 3.1204 – Contents of Notice and Declaration Regarding Notice Late calls, missing details about the relief requested, or no contact at all are all grounds to challenge the application on notice.
You can also argue that the relief the applicant wants is not appropriate for an ex parte proceeding. Some orders affect your rights so substantially that they belong in a fully briefed motion with normal notice. Using the ex parte process to shortcut what should be a regular motion is itself a reason for denial.
What Goes in Your Opposition Papers
Your opposition has two parts: a written legal argument and a sworn declaration with supporting evidence. The legal argument tells the judge why the application fails. The declaration tells your side of the facts in your own words, under penalty of perjury, with documents attached.
The Legal Argument
Lead with your strongest point. If notice was defective, put that first, because it can dispose of the application without the judge reaching the merits. If the emergency itself is manufactured or overstated, open with that. Cite the California Rules of Court provisions the applicant failed to satisfy, and add any case law that supports your position. Many counties impose page limits through their local rules, so check before you write. Page limits generally do not include the declaration or exhibits.
The Declaration
Put your factual evidence in a sworn declaration using Judicial Council Form MC-030.4Judicial Council of California. Judicial Council Form MC-030 – Declaration Write chronologically and stick to facts you personally know rather than what someone else told you. Attach emails, texts, photos, financial records, or anything else that supports you as numbered exhibits, and reference each exhibit by number in the body of the declaration. If you need more room than MC-030 provides, Form MC-031 is an attachment page designed to continue it.5California Courts. Attached Declaration MC-031
Other people with relevant knowledge can submit their own MC-030 declarations. A witness who saw what happened, or a professional with relevant expertise, can significantly strengthen your position. Each person signs their own form.
A Proposed Order
Prepare a short proposed order denying the application and leave a signature line for the judge. Some courts have local requirements for the format, so check the county rules. Having it ready saves the judge time and makes ruling in your favor easier.
Serving and Filing Under Pressure
You must serve your opposition on the other party or their attorney before the hearing. California Rules of Court require parties appearing at an ex parte hearing to serve any written opposition on all other appearing parties at the first reasonable opportunity, and the court generally will not proceed with the hearing until service is complete.6Judicial Branch of California. California Rules of Court 3.1206 – Service of Papers Given the timeline, personal delivery, email, or fax are the most common methods. Local rules vary on service deadlines and accepted methods, sometimes courtroom by courtroom, so confirm before you send.
File with the clerk after service. Many California courts require e-filing for certain case types; others take or require in-person filing. File as early as you can so the judge has time to read your papers before calling the matter. Bring several copies of everything to court on the hearing day so you, the other party, and the judge each have a full set. There is usually no filing fee for an opposition, though some case types carry a small one; confirm with the clerk’s office if you are unsure.
The Hearing
Ex parte hearings are short. Most run only a few minutes. The judge has usually reviewed the papers and wants focused argument about whether this qualifies as an emergency. Do not retell the whole history of the dispute.
When your turn comes, go straight to your strongest points. Two sentences on why the applicant did not show irreparable harm. A quick lay-out of defective notice if that applies. Answer the judge’s questions directly, and do not volunteer information the judge did not ask for. Ex parte calendars are often crowded, and brevity works in your favor.
The judge will usually do one of three things on the spot:
- Deny the application. No emergency orders issue, and the matter either ends or continues on a normal motion schedule.
- Grant the application. Temporary orders take effect immediately but last only until a follow-up hearing the judge sets at the same time.7California Courts. Ask for an Emergency Ex Parte Order
- Continue the matter. The judge declines to rule on an emergency basis but sets the issue for a regular hearing, sometimes on shortened briefing. This is common when there is a real dispute but not a true emergency.
If You Cannot File in Time or Do Not Appear
Skipping the hearing is dangerous. If you received proper notice and do not show up, the judge can grant the application based entirely on the applicant’s paperwork, and you will be bound by whatever temporary orders issue until the follow-up hearing. If you cannot get written opposition on file in time, appearing in person and arguing orally is far better than not appearing at all.
If the Order Is Granted Against You
An ex parte order is temporary by design. When a judge grants one, it usually stays in effect only until the follow-up hearing set at the same time.7California Courts. Ask for an Emergency Ex Parte Order That follow-up hearing is your opening for a full opposition with normal briefing time, additional evidence, and witness declarations. The burden remains on the applicant to justify making the orders permanent or extending them.
Use the interval to build the strongest record you can. Gather more evidence, obtain declarations from witnesses, and consult a lawyer if you have not already. The follow-up runs on a regular motion schedule, so you have room to make arguments the ex parte timeline did not allow.
Recovering Fees for a Frivolous Application
If the application was filed in bad faith or was completely without merit, you may be able to recover the costs of opposing it. California’s general sanctions statute allows a court to order the applicant or their attorney to pay your reasonable expenses, including attorney’s fees, when a filing was frivolous or made solely to cause unnecessary delay.8California Legislative Information. California Code of Civil Procedure 128.5 Under that statute, “frivolous” means totally and completely without merit or brought purely to harass. A sanctions motion is filed separately and carries a 21-day safe harbor, giving the other side a chance to withdraw the filing before you bring it to the court.
In family law restraining order cases, a separate rule applies. A prevailing respondent can request attorney’s fees on a showing by a preponderance of the evidence that the petition was frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The court must also consider whether the party ordered to pay has the ability to do so.9California Legislative Information. California Family Code 6344 Sanctions do not follow every unsuccessful application. The standard targets abuse of the ex parte process, not applications that simply lost.