Rule 5.165.Requirements for notice

Notice may be given personally or by telephone, voicemail, fax, electronic means where permitted, overnight mail, or another overnight carrier. What matters is when it lands: a party seeking emergency orders must give notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is considered. After notice, each party must be served with the emergency papers. Parties seeking orders under the Domestic Violence Prevention Act are outside this rule.

Late notice is survivable but must be justified. A party who gave notice after 10:00 a.m. on the preceding court day must ask the court, in the declaration regarding notice, to approve the shortened notice, and must state facts showing exceptional circumstances.

No notice at all requires more. The party files a written declaration under penalty of perjury with facts showing good cause, and the rule lists what may constitute it: that notice would frustrate the purpose of the order; that it would cause immediate and irreparable harm to the applicant or the children; that it would cause immediate and irreparable damage to or loss of property subject to disposition; that the parties agreed in advance no notice would be necessary on this subject; and that reasonable, good faith efforts were made and further efforts would probably be futile or unduly burdensome.

Courts may also require, by local rule, that a party notify the court itself that they will be seeking emergency orders the next court day — and any such local rule must include a way to give that notice by telephone.