Rule 21.3.Ex Parte Orders
Rule 21. LIMITATION OF ACCESS TO COURT FILES · Not amended since adoption on record · Last verified July 17, 2026
Full Text of Rule 21.3
Plain-English Summary
Sometimes privacy protection cannot wait for the notice-and-hearing process Rule 21.1 otherwise requires. Rule 21.3 carves out a narrow exception for compelling circumstances: a court can grant a temporary limitation on access to a file ex parte, without notifying the opposing side first.
The exception comes with two built-in limits. The motion has to be accompanied by a supporting affidavit, so the court has sworn facts to rely on rather than bare assertions. And whatever limitation the court grants this way cannot last more than 30 days, which keeps the ex parte relief temporary and pushes the parties toward the full motion-and-hearing process in Rule 21.1 if longer protection is needed.
Frequently Asked Questions
When can a court grant a temporary limitation of access without notice to the other side?
Under compelling circumstances, upon a motion accompanied by a supporting affidavit.
How long can an ex parte limitation of access last?
Not more than 30 days.
What must accompany a motion for an ex parte limitation of access?
A supporting affidavit.
Does an ex parte order under Rule 21.3 replace the need for a hearing under Rule 21.1?
The ex parte order is temporary and capped at 30 days, which points toward the fuller notice-and-hearing process for any longer-lasting limitation.
What standard governs whether an ex parte limitation is appropriate?
Compelling circumstances, as shown in the motion and supporting affidavit.