Court update re: TRO’s and Ex Parte Hearings
Here is another important update regarding Temporary Restraining Orders and Ex Parte Orders. The Cout has just adopted the following policy:
- Parties applying for a temporary restraining order must appear in person.
- Parties applying for all other forms of ex parte relief are allowed to appear by CourtCall in all departments if the applicant first complies with California Rules of Court, rule 3.670(h)(3) (pertaining to proper notice), unless the judicial officer requires a personal appearance on that particular application because that judicial officer has made the findings described in California Rules of Court, rule 3.670(f)(2). If the judicial officer requires a personal appearance, the clerk must immediately notify counsel for the applicant of that order.
- Upon the request of the counsel for the applicant, a judicial officer may, in the judicial officer’s discretion, allow counsel for the applicant to appear by CourtCall even if the applicant has not complied with subdivision (h)(3) (notice requirement)