Rule 3.1204.Contents of notice and declaration regarding notice

Ex parte relief lets a party skip the normal noticed-motion timeline, but rule 3.1204 keeps that shortcut from becoming a surprise. When someone gives notice of an ex parte application, they must tell the opposing side, with specifics, what relief they are asking for and when and where the court will hear it. They also have to try to find out whether the other side plans to show up and oppose it, so the applicant and the court have some sense of what to expect at the hearing.

Every ex parte application must come with a declaration regarding notice, a sworn account of what happened on the notice front. The declaration has to fit one of three stories: that notice was given, with the date, time, manner, name of the person told, the relief sought, any response, and whether opposition is expected, along with confirmation that the applicant met rule 3.1203's timing requirement; that the applicant tried in good faith to reach the opposing side but could not, with the specific efforts described; or that, for stated reasons, the applicant should not have to give notice at all.

Rule 3.1203 sets 10:00 a.m. the court day before the hearing as the baseline notice deadline. When notice comes later than that, rule 3.1204(c) requires more: an explanation of the exceptional circumstances that justify the delay, or, in unlawful detainer cases, an explanation of why the shorter notice given is reasonable under the circumstances.