(a) Identification of attorney or party An ex parte application must state the name, address, e-mail address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant. (Subd (a) amended effective January 1, 2016.)
Rule 3.1202.Contents of application
Division 11. Law and Motion · Chapter 4. Ex Parte Applications · Last amended 2016 · Last verified July 29, 2026
In one sentenceRule 3.1202 spells out what an ex parte application must contain: contact information for opposing counsel or parties, disclosure of any earlier applications for the same relief that were refused, and a declaration showing personal-knowledge evidence of irreparable harm or another legal basis for skipping normal notice.
Full Text of Rule 3.1202
(b) Disclosure of previous applications If an ex parte application has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, must include a full disclosure of all previous applications and of the court’s actions.
(c) Affirmative factual showing required An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (Subd (c) amended effective January 1, 2007.)
Plain-English Summary
An ex parte application has to do more than ask for relief — this rule lists what has to be in it. It starts with contact information: the name, address, email, and phone number of any attorney known to represent another party, or of that party directly if there is no known attorney.
If a similar request was already turned down, the new application cannot pretend that never happened. Any later application of the same character or for the same relief has to disclose every earlier attempt and what the court did with it, even if the new request rests on a different set of facts.
At the center of the application sits the factual showing itself: a declaration built on competent testimony from personal knowledge, establishing irreparable harm, immediate danger, or some other statutory ground for skipping the normal notice period.
Frequently Asked Questions
What contact information must an ex parte application include?
The name, address, email, and phone number of the opposing attorney if known, or of the party directly if there is no known attorney.
What if a similar ex parte request was denied before?
The new application has to disclose every previous application of that character or for that relief, and what the court did with each one.
What kind of proof does the applicant need to offer?
A declaration built on competent testimony from personal knowledge, showing irreparable harm, immediate danger, or another statutory basis for ex parte relief.
Amendment History
Rule 3.1202 amended effective January 1, 2016; adopted effective January 1, 2007; previously amended 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
Also known as: ex parte application content requirements californiadisclosing prior denied ex parte applicationsirreparable harm declaration for ex parte relief