Rule 5.169.Personal appearance at hearing for temporary emergency 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 5.169 leaves it to each court whether to require the parties to appear before ruling on an emergency orders request, or to rule on the papers alone.

Full Text of Rule 5.169

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Courts may require all parties to appear at a hearing before ruling on a request for emergency orders. Courts may also make emergency orders based on the documents submitted without requiring the parties to appear at a hearing.

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Plain-English Summary

Practice on ex parte appearances varies, and this rule accommodates both. A court may require all parties to appear at a hearing before ruling on a request for emergency orders.

It may equally make emergency orders on the documents submitted, without requiring anyone to appear. Which approach a court takes is generally reflected in its local rules and procedures, which rule 5.92 requires a moving party to follow when seeking emergency relief.

Frequently Asked Questions

Do I have to appear in person for an ex parte request?

It depends on the court. Courts may require all parties to appear before ruling, and may also make emergency orders based on the documents submitted without any appearance.

How do I find out what my court requires?

Through the court’s local rules and procedures. Rule 5.92(c)(3) requires a moving party seeking emergency orders to comply with local procedures about reserving the day, submitting paperwork, and local forms.

Amendment History

Rule 5.169 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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