Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.
Rule 3.1206.Service of papers
Division 11. Law and Motion · Chapter 4. Ex Parte Applications · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.1206 requires parties who appear at an ex parte hearing to serve the application or any written opposition on all other appearing parties at the first reasonable opportunity, and generally bars the hearing from proceeding unless that service has been made.
Full Text of Rule 3.1206
Plain-English Summary
Notice and service solve different problems in ex parte practice. Rule 3.1204 covers notice, the heads-up that tells the opposing side a hearing is coming. Rule 3.1206 covers service, the actual handing over of the papers themselves. A party who appears at the ex parte hearing must serve the application, or any written opposition to it, on every other party who has appeared, and must do so at the first reasonable opportunity. That phrase acknowledges how compressed ex parte timelines can be — a party may finish the papers only shortly before the hearing, so the obligation is to serve them as soon as it becomes realistic to do so, not necessarily well in advance.
The rule backs that duty with a real consequence. Absent exceptional circumstances, the court cannot conduct the hearing unless service has happened. A party cannot show up, argue an ex parte request, and leave the other side without the papers that explain what was decided and why. The exception for exceptional circumstances gives the court room to proceed anyway in a genuine emergency, but it is not meant to be the default.
Frequently Asked Questions
Does the party who brought the ex parte application have to serve the actual papers on the other side?
Yes. Rule 3.1206 requires parties appearing at the ex parte hearing to serve the application, or any written opposition, on all other appearing parties at the first reasonable opportunity.
Can an ex parte hearing go forward without service on the other parties?
Generally no. Rule 3.1206 bars the court from conducting the hearing without that service unless exceptional circumstances justify proceeding anyway.
What counts as "the first reasonable opportunity" to serve ex parte papers?
The rule does not set a fixed number of hours or days; it requires service as soon as it becomes practically possible given how close to the hearing the papers were finished.
What is the difference between notice and service in ex parte practice?
Notice, addressed in rule 3.1204, is the advance warning that a hearing is coming. Service, addressed in rule 3.1206, is the delivery of the actual application or opposition papers to the other appearing parties.
Amendment History
Rule 3.1206 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
Also known as: serve ex parte papers on opposing partyexceptional circumstances ex parte hearing without servicedifference between notice and service ex parte California