Rule 3.1201.Required documents

Division 11. Law and Motion · Chapter 4. Ex Parte Applications · Adopted 2007 · no amendments on record · Last verified July 29, 2026

In one sentenceRule 3.1201 lists the five documents a written ex parte request must include: the application itself, a declaration making the required factual showing, a declaration about the notice given to other parties, a supporting memorandum, and a proposed order.

Full Text of Rule 3.1201

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A request for ex parte relief must be in writing and must include all of the following:

(1) An application containing the case caption and stating the relief requested;

(2) A declaration in support of the application making the factual showing required under rule 3.1202(c);

(3) A declaration based on personal knowledge of the notice given under rule 3.1204;

(4) A memorandum; and

(5) A proposed order.

Plain-English Summary

Asking a court to act on short notice is not a matter of showing up and explaining the situation out loud. This rule requires the request to be in writing and to include five separate pieces of paper before a court will even consider it.

Those five pieces are the application itself, stating the case caption and the relief sought; a declaration making the factual showing the rules require; a declaration, based on personal knowledge, describing the notice given to the other parties; a memorandum; and a proposed order for the judge to sign.

Frequently Asked Questions

Can someone ask for ex parte relief without any paperwork?

No. The request has to be in writing and include all five required documents.

What five documents does an ex parte request need?

The application, a declaration supporting the merits, a declaration about the notice given, a memorandum, and a proposed order.

What does the notice declaration need to cover?

The notice given to the other parties, based on the declarant's personal knowledge.

Amendment History

Rule 3.1201 adopted effective January 1, 2007.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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