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<br />- 4 - <br />EX PARTE APPLICATION <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br />(Subd (c) amended effective January 1, 2007.) Rule 3.1202 amended effective January 1, 2016; adopted effective January 1, 2007; previously amended effective January 1, 2007. CRC Rule 3.1203. Time of notice to other parties (a) Time of notice A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. (Subd (a) amended effective January 1, 2008.) (b) Time of notice in unlawful detainer proceedings A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable. Rule 3.1203 amended effective January 1, 2008; adopted effective January 1, 2007. CRC Rule 3.1204. Contents of notice and declaration regarding notice (a) Contents of notice When notice of an ex parte application is given, the person giving notice must: (1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and (2) Attempt to determine whether the opposing party will appear to oppose the application. (b) Declaration regarding notice An ex parte application must be accompanied by a declaration regarding notice stating: (1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made; (2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or (3) That, for reasons specified, the applicant should not be required to inform the opposing party. (c) Explanation for shorter notice If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain: (1) The exceptional circumstances that justify the shorter notice; or (2) In unlawful detainer proceedings, why the notice given is reasonable. Rule 3.1204 adopted effective January 1, 2007. CRC Rule 3.1205. Filing and presentation of the ex parte application Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration. Rule 3.1205 adopted effective January 1, 2007. Rule 3.1206. Service of papers Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. Rule 3.1206 adopted effective January 1, 2007. Rule 3.1207. Appearance requirements