On October 30, 2020, the Family Law Division of the Superior Court for the County of Los Angeles gave notice of a new local rule for filing Ex-Parte Applications and Oppositions in Family Court. Effective Monday, November 2, 2020, these filings with the exception of restraining orders, must be presented for filing by 10:00am in ALL districts. The new rule eliminates the need for litigants to communicate with the court clerk in each district to determine filing times.
An ex-parte order, also known as an emergency order, addresses “matters that cannot be heard on the court's regular hearing calendar. In this type of proceeding, notice to the other party is shorter than in other proceedings. Notice to the other party can also be waived under exceptional and other circumstances as provided in these rules. The process is used to request that the court:
(1) Make orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter;
(2) Make orders to help prevent immediate loss or damage to property subject to disposition in the case; or
(3) Make orders about procedural matters, including the following:
(A) Setting a date for a hearing on the matter that is sooner than that of a regular hearing (granting an order shortening time for hearing);
(B) Shortening or extending the time required for the moving party to serve the other party with the notice of the hearing and supporting papers (grant an order shortening time for service); and
(C) Rescheduling a hearing or trial.” (California Rules of Court Rule 5.151)
Now in Los Angeles County, Local Rule 5.3 is amended as follows:
Amended Local Rule 5.3(a)(2) reads: “(2) Family Law Ex Parte Application:
“(A) Timing. A party bringing an ex parte application on a ground other than specified in subsection (a)(1) above [relating to restraining orders], for which notice was provided, must present it for filing before 10:00 a.m. of the day for which notice was provided. If notice was not provided, a party must present the application for filing before 10:00 a.m. of the day on which the applicant seeks the order.
(B) Presentation of Application. A party must present the ex parte application for filing in the Clerk’s Office of the district courthouse to which the case is assigned through the Clerk’s Office’s resource account, by fax filing, by dropbox filing or by physical delivery (advance appointment is necessary).
(C) Opposition. A party must present for filing any papers in opposition to the ex parte application before 10:00 a.m. of the day for which notice was provided in the Clerk’s Office of the district courthouse to which the case is assigned through the Clerk’s Office’s resource account, by fax filing, by dropbox filing or by physical delivery (advance appointment is necessary). The deadline for filing opposition to an ex parte application for which no notice was given will be determined by the court. A party opposing an ex parte application who does not present a written opposition may request a hearing by 10:00 a.m.
(D) Hearing. The court may make emergency orders based on the documents submitted or may set a hearing before ruling on an ex parte application. The court will provide reasonable notice of such hearing to permit in-person or remote appearances.
(E) Service. A party bringing an ex parte application and a party providing written opposition must serve the papers on the other party or on the other party’s attorney at the first reasonable opportunity.” (Rule 5.3(a)(2) amended and effective 11/2/20)