Santa Clarita Divorce | How To File Ex-Parte Motion
Everytime I get a question from one of my clients or anyone that calls for that matter, I try to make it a habit to also answer that question on video.
Today I was asked what the process is for filing an Ex-Parte motion in court. But let’s first talk about what Ex-Parte means. Ex-Parte means “for oneself” and generally refers to going to court without the other party being present. It also has other applications.
The Los Angeles County Bar Association prepared a tip called Preparing for and making and Ex Parte Application which you can read and stated that Ex Parte relief is requested when it is impractical or impossible to wait the minimum statutory period for the court to hear a regular motion.
For Instance, lets say you want to go to court because you want an order for spousal support. If you were to file a Request For Order with the court, you may be looking anywere from 30 to 60 days depending on which court you are in and how busy they are.
If you can’t wait 60 days, because for instance, you would have no other source of income and you are going to be evicted, that may qualify as an emergency. So going into court Ex Parte may be necessary to get orders from the court sooner.
It is important that you still give the other party notice that you will going to court. This is called giving ex parte notice. Per the LACBA article, you have to give ex parte notice prior to 10:00 a.m. the day before you want to appear in court. This way the other party has some advance notice so they can also make an appearance in court if they choose.
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