Rule 3.1207.Appearance requirements

An ex parte application usually asks a judge to act quickly, often before the opposing side has had a full chance to respond, so rule 3.1207 expects the applicant to show up and answer questions rather than rely on the papers alone. The default is appearance, either in person or remotely under rule 3.672, giving the judicial officer a chance to probe the urgency of the request, the adequacy of the notice given, and any issue the papers do not fully resolve.

Four categories are exempted from that default, and they share a common thread: each is administrative or effectively unopposed rather than a live dispute requiring a colloquy with the judge. They are applications to file a memorandum longer than the applicable page limit, applications for an extension of time to serve pleadings, requests to set a hearing date on an alternative writ or order to show cause, and stipulated orders that the parties have already agreed to. In each of those situations, an appearance would add little because there is no real contest for the judge to sort out at the hearing itself.