Ex Parte Applications and Family Code § 217 Hearings in Los Angeles Family Law Cases—What You Need to Know

If you're facing a time-sensitive issue in your family law case—like interference with custody, a fast-approaching hearing you can’t prepare for, or the need to schedule a live-testimony hearing under Family Code § 217—an ex parte application may be the right tool. In Los Angeles County, ex parte applications are governed by strict statewide and local rules, including California Rules of Court, Rule 5.151, and Los Angeles Superior Court Local Rule 5.3. 

Ex parte relief is granted only in the clearest and most urgent cases. Applicants must provide a declaration with competent testimony based on personal knowledge showing irreparable harm, immediate danger, or another statutory basis for relief. The court will also evaluate whether adequate notice was given—or whether exceptional circumstances justified proceeding without it. Courts strictly enforce these standards and routinely deny unsupported or procedurally defective requests. 

Ex parte applications aren’t just for emergencies. You can also use them to request procedural relief—like shortening time for service, continuing a hearing, clarifying a prior order, or requesting a Family Code § 217 hearing. Even in those cases, you must show good cause, explain why the matter cannot wait for a regularly noticed motion, provide proper notice, and comply with all procedural rules. 

In short: the right to emergency relief or live testimony exists—but only if you follow the rules, act promptly, and make your showing properly. 

When and How to Use Ex Parte Applications 

Most people associate ex parte applications with emergencies—and that’s often true. Common examples include: 

• Immediate custody interference or safety concerns; 

• Preventing financial misconduct (like unauthorized asset transfers); 

• Urgent violations of court orders. 

In these situations, courts may grant relief right away, but only if your declaration demonstrates irreparable harm or immediate danger that cannot wait for a regularly noticed hearing. You must present competent evidence based on personal knowledge—not speculation or attorney argument. 

But ex parte applications aren’t limited to emergencies. Courts also use them to manage urgent procedural or scheduling issues, such as: 

• Continuing a hearing; 

• Clarifying a prior ruling; 

• Shortening time for service or response; 

• Setting a Family Code § 217 hearing. 

Even in these non-emergency situations, the court requires a showing of good cause and urgency. Your declaration must clearly explain why the matter cannot wait for a regularly noticed motion and why immediate relief is necessary. The standard isn’t just inconvenience—it’s that delay would cause harm or substantially prejudice your position. 

In either scenario—emergency or procedural—the court expects rule-compliant filings, timely and complete notice, and a clear, fact-based showing. Courts have discretion to deny relief even if urgency is claimed but not adequately supported. 

Bottom line: Whether you're asking for emergency relief or procedural accommodation, urgency and procedural compliance are key. If you can’t show why the court needs to act right now, it won’t. 

Ex Parte Applications for Procedural Relief (Not Just Emergencies) 

Under Rule 5.151, ex parte relief isn’t limited to emergencies. It also includes administrative or procedural requests—such as scheduling adjustments, nunc pro tunc orders, or requests to set a Family Code § 217 hearing. But to qualify, the matter must be urgent enough that it cannot be heard on the court’s regular calendar. 

Even where immediate harm isn’t alleged, the request must still be supported by a declaration based on personal knowledge explaining what relief is needed, why it’s necessary now, and why regular noticed motion procedures won’t suffice. Courts expect a clear showing of urgency, not mere inconvenience. 

In Los Angeles, Local Rule 4.12 allows certain procedural requests—like nunc pro tunc orders or clarification of past rulings—to be submitted without an appearance, typically via drop-off. But even then, the full rules governing notice, supporting declarations, and disclosure of prior ex parte applications apply. 

Bottom line: Whether you’re seeking emergency or procedural relief, the standard is the same—you must strictly comply with the rules and give the court a compelling, rule-based reason to act outside the usual process. 

Giving Notice—Exactly What You Need to Do 

Under Los Angeles Superior Court Local Rule 5.3 and California Rules of Court, Rules 3.1203(a) and 3.1204, you must notify all parties of your ex parte application no later than 10:00 a.m. on the court day before the hearing—unless you meet an exception. 

Your notice must include: 

• The exact relief requested; 

• The date, time, and location of the hearing; 

• A direct inquiry asking whether the opposing party intends to appear and oppose. 

Courts may excuse notice only if: 

• Providing notice would defeat the purpose of the request (e.g., imminent asset dissipation or danger); or 

• Exceptional circumstances made notice impossible. 

If you’re relying on an exception, your declaration must clearly explain: 

• The efforts you made to give notice; 

• Why notice was not possible or appropriate. 

Under Rule 3.1204, you must also file a declaration of notice documenting: 

• The date, time, and method of notice; 

• The name of the person you notified; 

• Any response or anticipated opposition. 

Bottom line: Failure to provide proper notice—or to adequately justify why notice wasn’t possible—almost always results in denial. Courts apply these requirements strictly. 

Filing Your Ex Parte Application—Deadlines and Documentation 

In Los Angeles County, the deadline for filing an ex parte application depends on how you file: 

• For most family law cases, which are subject to mandatory electronic filing, your application must be e-filed by 10:00 a.m. the court day before the hearing (Local Rule 3.4). 

• If electronic filing is not required or not available, then under Local Rule 5.3, your application must be physically delivered to the clerk’s office by 10:00 a.m. on either: 

• The day you give notice to the opposing party, or 

• The day relief is sought, if notice is excused. 

Acceptable delivery methods include: 

• Electronic filing through the court’s approved e-filing system; 

• Physical drop-off at the assigned courthouse’s clerk’s office (check local guidelines or contact the courtroom for current procedures); 

• Fax or hand delivery only if expressly permitted—not all courthouses accept these, so confirm in advance. 

Your filing must include all of the following: 

• Form FL-300 (or equivalent) clearly stating the relief requested; 

• A supporting declaration based on personal knowledge, showing either: 

• Irreparable harm or immediate danger (for emergency relief), or 

• Good cause and urgency (for procedural relief); 

• Any supporting exhibits; 

• A proposed order; 

• A disclosure of any prior ex parte applications, including filing dates and the court’s rulings. 

Failure to disclose prior applications can result in denial. The court may decide your request based on the paperwork alone or may set a hearing if it determines oral argument is necessary. 

Your ex parte filing must include all of the following: 

• Form FL-300 (or equivalent pleading) clearly stating the relief requested; 

• A supporting declaration based on personal knowledge showing either: 

• Irreparable harm or immediate danger (for emergency relief), or 

• Good cause and urgency (for procedural relief); 

• Any supporting exhibits; 

• A proposed order; 

• A disclosure of any prior ex parte applications, including the date filed and the court’s ruling. 

Failure to disclose prior applications may result in denial of the request.  

The court may rule on the papers alone or may set a hearing if it finds that oral argument is necessary. 

Court Appearances – Usually Non-Appearance, But Not Always 

Under Los Angeles Superior Court Local Rule 4.12, most ex parte applications—whether emergency or procedural—are handled without a personal appearance. Courts generally rule on the papers. Unless the court notifies you otherwise, you should not appear, either in person or remotely. 

However, California Rules of Court, Rule 3.1207 presumes that parties must appear on ex parte applications unless an exception applies. Common exceptions include: 

• Requests to file an overlength brief; 

• Applications to extend time to serve pleadings; 

• Requests to set a hearing date on an alternative writ; 

• Stipulated or unopposed orders. 

Outside these narrow exceptions, Rule 3.1207 requires an appearance, and judges always retain discretion to require it if they believe it will aid in making a decision. 

Bottom line: Local Los Angeles practice typically assumes no appearance is needed—but the statewide rule still requires appearance unless excused, and the court can override local custom at any time. 

Avoid Any Improper Communication 

Do not contact the judge or courtroom staff about the substance of your ex parte application outside formal procedures. California law prohibits attorneys from engaging in private communications with the court about contested matters unless specific exceptions apply—such as communication in open court with all parties present or in writing with notice. 

Limited administrative contact—such as confirming filing deadlines—is permitted, but even minor attempts to discuss the merits off the record can result in serious consequences. 

Bottom line: Always communicate through proper filings. If it’s about the case’s substance—not scheduling—put it in writing and serve all parties. 

Bottom Line—Follow These Rules Exactly 

Whether your ex parte request is for emergency relief or a procedural fix, compliance with the rules is non-negotiable. You must: 

• Serve timely and complete notice—no later than 10:00 a.m. the court day before the hearing—or submit a declaration explaining why notice should be excused under exceptional circumstances; 

• Submit a declaration based on personal knowledge, showing either irreparable harm, immediate danger, or a procedural issue that can’t wait for a regular motion; 

• Disclose any prior ex parte requests on the same issue and include any new facts; 

• File everything on time and in the proper format: FL-300, declaration(s), proposed order, exhibits, and attachments. 

Failure to meet these standards almost always results in denial. Courts strictly apply these requirements to safeguard due process—even in urgent situations. 

If you have questions or need assistance with your case, consult an experienced family law attorney. Here at Cage & Miles, we have a dedicated team of attorneys who can help walk you through your divorce.

Contact our office today to schedule a consultation!