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  1. #1
    Join Date
    Aug 2017
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    11

    Default Does an Ex-Parte Motion Have to Include the Motion

    My question involves court procedures for the state of: CALIFORNIA

    Hi,

    I'm an attorney that wants to file an ex parte motion to compel the return of an item for my clients that the defendant is withholding illegally.

    I keep forgetting - I don't have to attach the actual motion to the defendant's attorneys, right? I can hand it to them on the morning of the hearing?

    Also, I wanted to also include an ex parte writ of attachment on the defendant as well at the same hearing.

    Many thanks for all your help. I'm doing this pro bono by the way to help a faith-based organization, so a good verse for anyone helping me is "God will not forget your work. He's not unjust." Hebrews 6:10

  2. #2
    Join Date
    Oct 2016
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    3,021

    Default Re: Does an Ex-Parte Motion Have to Include the Motion


  3. #3
    Join Date
    Sep 2010
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    19,045

    Default Re: Does an Ex-Parte Motion Have to Include the Motion

    What makes you think a judge is going to grant an ex parte motion for such an attachment?
    Why are you trying to short circuit the legal process?
    If you intend to see the opposition before the writ is granted, why are you doing it as ex parte?

  4. #4
    Join Date
    Jul 2018
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    1,395

    Default Re: Does an Ex-Parte Motion Have to Include the Motion

    Quote Quoting legalminute
    View Post
    I keep forgetting - I don't have to attach the actual motion to the defendant's attorneys, right? I can hand it to them on the morning of the hearing?
    Have you also forgotten how to look up the California Rules of Court (in particular, Rules 3.1200, et seq.) and the local rules of the county where your case is pending?


    Quote Quoting legalminute
    View Post
    Also, I wanted to also include an ex parte writ of attachment on the defendant as well at the same hearing.
    Wanted (past tense)? As in you no longer want this? In any event, the rules relating to applications for right to attach orders (you must get the order before you can get the writ) are found in the Code of Civil Procedure, and getting such an order on an ex parte basis is almost impossible.

    Quote Quoting flyingron
    View Post
    What makes you think a judge is going to grant an ex parte motion for such an attachment?
    Why are you trying to short circuit the legal process?
    Why do you think seeking attachment on an ex parte basis is "short circuit[ing] the legal process"?

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