(a) Ex Parte Departments. Ex parte matters will be heard at the Family and Juvenile Court on a schedule set forth in the calendar information, available at the Court and the Court’s web site. In addition, a call for ex parte matters will be made at the beginning of each morning and afternoon calendar in each courtroom and at such other times when the court’s schedule can accommodate a matter. Ex parte matters should be presented to the most appropriate calendar.
(b) Presentation of Order. Ex parte orders presented for entry must be accompanied by a written motion and the original supporting documents.
(c) Presentation in Self-Represented Cases. Ex parte motions and proposed orders by a self-represented party, except fee waivers, shall be reviewed by and approved for form and completeness by a legal professional before the motion is presented to a judicial officer. Legal professional means an attorney, Limited License Legal Technician, courthouse facilitator, or a legal aid volunteer. Motions for fee waivers may be presented ex parte without first being reviewed by a legal professional. The court may waive the requirement of review by a legal professional and the courthouse facilitator fee through a court order.
(d) Alternative Presentation by Mail or Drop Box.
(1) What is allowed. Agreed orders, orders when notice of presentation is waived, and ex parte orders based upon the record in the file may be presented by mail with any required fee.
(2) Who may present. Except for good cause, these alternative methods of presentation are available only to counsel licensed to practice law.
(3) Required documents. A person presenting an order under this rule must send the original order, supporting materials, and the required fee in the clerk’s fee schedule (LCR 79(a)) to the County Clerk. Self-addressed, stamped envelopes, along with copies of the order to be signed, shall also be provided for return of any conformed materials or rejected orders.
(4) Judicial procedure. Orders will be directed to the ex parte judicial officer. When accepted, the court will sign the order and cause it to be entered. When rejected, the papers will be returned by mail to the counsel sending them without prejudice to presentation by counsel in person to the same judge.
[Adopted effective September 1, 2010; September 1, 2017; September 1, 2019.]