Rule 5.167.Service of application; temporary restraining orders

Division 1. Family Rules · Chapter 7. Request for Emergency Orders (Ex Parte Orders) · Article 2. Notice, Service, Appearance · Adopted 2013 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.167 requires the emergency papers to be served at the first reasonable opportunity before the hearing, and any signed emergency orders to be personally served afterward.

Full Text of Rule 5.167

Text sizeJump to: (a) (b)

(a) Service of documents requesting emergency orders

A party seeking emergency orders and a party providing written opposition must serve the papers on the other party or on the other party’s attorney at the first reasonable opportunity before the hearing. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. The court may waive this requirement in extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party before the hearing. This rule does not apply in cases filed under the Domestic Violence Prevention Act.

(b) Service of temporary emergency orders

If the judicial officer signs the applicant’s proposed emergency orders, the applicant must obtain and have the conformed copy of the orders personally served on all parties.

End

Plain-English Summary

Notice and service are separate obligations, and this rule carries the second. Both the party seeking emergency orders and any party filing written opposition must serve their papers on the other party or their attorney at the first reasonable opportunity before the hearing. Absent exceptional circumstances, no hearing may be conducted unless that has happened.

The court may waive the requirement in extraordinary circumstances, on a showing of good cause that imminent harm is likely if the documents reach the other party before the hearing. Cases filed under the Domestic Violence Prevention Act are outside the rule.

Once the judicial officer signs the proposed emergency orders, the applicant must obtain a conformed copy and have it personally served on all parties — personal service, not mail.

Frequently Asked Questions

When must I serve my ex parte papers?

At the first reasonable opportunity before the hearing. Absent exceptional circumstances, no hearing may be conducted unless that service has been made.

Can service be excused?

In extraordinary circumstances, on a showing of good cause that imminent harm is likely if the documents are provided to the other party before the hearing.

How are the signed emergency orders served?

The applicant must obtain a conformed copy of the signed orders and have it personally served on all parties.

Amendment History

Rule 5.167 adopted effective January 1, 2013.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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