Court Cases - Ex Parte

​What does ex parte mean?

"Ex parte motions" are court proceedings where not all of the parties in the case were notified ahead of time about a motion. Usually a judge cannot hear matters ex parte and everyone needs notice. However, it is sometimes appropriate for the court to decide a motion on an ex parte basis. For instance, if a defendant was given a fair chance to participate in the case and did not take that opportunity, the plaintiff can ask to win by default through an ex parte motion. If you ask the judge to decide a motion ex parte, the first thing the judge decides is whether more notice needs to be given to the other parties.

"Ex parte" can also mean contacting the Judge outside the context of the court hearing or motions that are filed in the court file. For instance, writing a letter or e-mail to the Judge or calling the Judge's assistant to leave a message for the Judge. Judges cannot have ex parte communications about a case, even through a third party such as their assistant. This is because our court system is designed to be open and transparent to the public and the parties. Ex parte communications are not fair to the other parties. It can also appear to be inappropriate that a Judge is talking to parties in private, no matter what is discussed.

Below is information on how to present your motion at an ex parte calendar.

Superior Court Main Campus
Civil

How do I present a civil motion ex parte?  There are three options:

      1.  By Mail:  You can mail or deliver your motion to the Clerk's Office and a judge will review it in their office.  Do not use this method if you are in a hurry.  Send to the Clerk's Office: 

            1.  $30 per order,

            2.  the paperwork (motion and proposed order) that you want the judge to review,

            3.  a second copy of the order that you want mailed back to you, and

            4.  a self-addressed stamped envelope. 

      2.  At the Main Campus Courthouse:  There is a court calendar at 1:00 p.m. Monday through Friday.  You do not need to schedule the hearing ahead of time, just walk into the courtroom promptly at 1:00 p.m.  This calendar is only for civil ex parte motions, and for protected parties' motions regarding criminal domestic-violence orders.  All other criminal ex parte motions need to be presented at the criminal ex parte calendar. All Family and Juvenile Court ex parte matter need to be presented at Family and Juvenile Court.

      3.  Before the assigned judge's civil motion calendar:  If the judge has time, he or she may call for ex parte motions before hearing cases that were scheduled.

How do I present a motion for Temporary Restraining Order (TRO) in a civil case that is not family law?

Civil TRO motions can be scheduled on the assigned judge's civil motion calendar.  They can also be presented for initial review at the main campus ex parte calendar.  Do not schedule a hearing for ex parte or deliver judges' copies ahead of time.  The judicial officer will decide whether to rule on the motion quickly at the ex parte calendar, or refer the matter to the assigned judge.

Criminal

At the Main Campus Courthouse:  There are criminal ex parte calendars on Tuesdays, Wednesdays, Thursdays and Fridays at 4:30 p.m.  You do not need to schedule the hearing ahead of time, just walk into the courtroom promptly at the start of the calendar.  This calendar is only for criminal ex parte motions, except for protected parties' motions regarding criminal domestic violence orders, which are heard on the civil ex parte motion calendar. 

Family and Juvenile Court

​Family and Juvenile Ex Parte Calendar and Process

 

DAILY SCHEDULE AT FAMILY & JUVENILE COURT:
8:55 a.m. ~ Non-contested
3:45 p.m. ~ Contested
4:00 p.m. ~ Non-contested

Attorney-Represented Party

NON-CONTESTED Ex Parte Request Process:

Non-contested ex parte requests will be heard in the courtroom before the calendar call at  8:55 a.m. and also in the courtroom at 4:00 p.m.  See the daily monitor for the courtroom ex parte will be heard in when you arrive at Family and Juvenile Court (FJC).

EMERGENCY CONTESTED Ex Parte Request Process:

If the emergency ex parte request is not agreed by all parties, please appear (and notify the opposing side to appear) at 3:45 p.m.  Counsel must advise the Clerk's office of any contested ex parte.  The Court will wait 15 minutes for the other party or their attorney to show before beginning the matter.  See the daily monitor for the courtroom ex parte will be heard in when you arrive at Family and Juvenile Court (FJC).

Self-Represented Party

NON-CONTESTED & EMERGENCY CONTESTED Ex Parte Request Process:

FIRST, if you believe that immediate and irreparable injury, loss or damage will happen if an order is not entered, you may ask the Court to enter it ex parte.  If you cannot wait for a court hearing, you may be able to have your case heard by the Court ex parte.  You MUST meet certain conditions to have an order entered ex parte.

SECOND, you MUST see the courthouse facilitator, located in the Clerk's office on the first floor, before presenting any ex parte request.  The courthouse facilitator is available as follows:

  • 8:55 am Ex Parte – requires meeting with the courthouse facilitator at 8:00 a.m.
  • 3:45 or 4:00 pm Ex Parte – requires meeting with the courthouse facilitator at 2:30 p.m.
  • Click here for additional information regarding the courthouse facilitator.

Note:  The Court can still hear your emergency motion at 3:45 pm if you can not pay the fee to meet with the courthouse facilitator.  If your paperwork is not completed properly, there may be a chance that your motion will not be able to be heard at that time. 

THIRD, you must give notice to the other party or his/her attorney unless it clearly appears from your declaration (see below) that immediate and irreparable injury, loss or damage will result if you give notice.  Your notice to the other party or his/her attorney must state the time and date that you will be asking for the order and the location of the Court.  You must also certify to the Court what efforts you have made to give notice or the reasons supporting your claim that notice should not be required.

DECLARATION:  You must tell the Court in a written Declaration why you think immediate and irreparable injury, loss or damage will happen if the order is not entered now, and why you should not have to give notice to the other party.  A blank Declaration form is available at the Clerk's Office.  Otherwise, you have to give the other party as much notice as possible.