Lemon Grove, CA asked in Family Law for California

Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?

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3 Lawyer Answers
Natalie M. Packer
Natalie M. Packer
Answered
  • Fresno, CA
  • Licensed in California

A: Yes. If you want the judge to consider it. You need to serve the other party with a copy.

Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to enable necessary social distancing. You could email them a copy the day before the hearing. I think that is the most reasonable option under the circumstances given that yes, you are required to provide them with a copy.

Mike Darlington
Mike Darlington
PREMIUM
Answered
  • Redding, CA
  • Licensed in California

A: If you are going file it with the court you have to serve the other side. Each court is different though in that some courts do not even allow responses at this time, the exparte is a ruling just on the moving paperwork and no hearing is set. You should check with your local court rules where the exparte is going to be heard. Even though they are all California courts each county handles these type of matters different, especially in the time of COVID.

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