Elimination of Local Rule 5.38 Authorization for Non-Attorney Document Preparer.

5.38. A litigant designating a non-attorney court document preparer to act as a courier to submit documents for processing or to receive endorsed copies of documents from the court shall file an Authorization for Non-Attorney Court Document Preparer Form (local form FL/E-LP-609).

(Adopted 1/1/2020; revised 1/1/2022)

5.13 EX PARTE APPLICATION.

(A) Ex parte applications are governed by California Rules of Court, rule 5.151. A judge will only grant ex parte relief if the party requesting it shows a risk of irreparable harm or immediate danger. This is explained further in Family Code section 3064 and California Rules of Court, rule 5.151(d).

(Ex parte applications are heard on Monday through Friday at 8:30 a.m. The court makes its decision based solely on the documents filed by the parties, or the court may require parties to appear for a hearing. The moving party, opposing/responding party, and attorneys must be reachable by email or phone on the day of the requested ex parte hearing from 8:30 a.m. to noon. If an appearance is required, the court will contact both parties and their attorneys with a time to appear for the hearing. More information about the Emergency/Temporary Order process and copies of forms to be used can be located on the court’s website at http://www.saccourt.ca.gov/family/custodyvisitation.aspx....

(C) Requirements of the Moving Party:

1. Notice and service to opposing/responding party.

The moving party must:

a) Serve the opposing/responding party with a copy of the ex parte application. The application may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

b) Notify the opposing/responding party or their attorney that
(i) they must be reachable between 8:30 a.m. and noon on the requested ex parte hearing date if the court determines that an appearance is required; and

(ii) they must submit their opposition to the assigned court department by 8:30 a.m. on the requested

ex parte hearing date if they wish to file an opposition. Notice may be given personally, by telephone, in writing, by voicemail, or by electronic means if permitted.

c) Complete (a) and (b) above no later than 10:00 a.m. the court day before the moving party wants the matter to be considered by the court, as stated in California Rule of Court, rule 5.165.

2. Notice to the court.

The moving party must:

a) Submit their ex parte application to the court via drop-box or by express mail with guaranteed time of delivery by 8:30 a.m., the day before the desired ex parte hearing date.

b) Provide the court with current telephone numbers and email addresses for all parties and their attorneys,

using the Document Drop-Off Sheet for Domestic Violence and Ex Parte Applications form (FL/E-LP-668). This will allow the court to contact all parties if they need to appear for a hearing

3. Completed Proof of Service.

The moving party must submit a completed proof of service to the assigned court department by 8:30 a.m. on the scheduled ex parte hearing date showing they have complied with items 1(a), 1(b), and 1(c) above. If the moving party fails to do this, the court may deny the ex parte request or set a later hearing to ensure that the opposing/responding party is properly notified and served.

4. Request to Waive Notice.

A party may ask the court to waive notice to all parties and their attorneys of the request for emergency orders. To make the request, the party must file a written declaration signed under penalty of perjury that includes facts showing good cause not to give the notice, as explained in California Rules of Court, rule 5.165.

(D) Requirement of the Opposing/Responding Party:

1. If the opposing/responding party wants to submit a written response for the court to consider, they must submit it to the assigned court department by 8:30 a.m. on the scheduled ex parte hearing date, with proof of service to the moving party. Service may be by personal, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

(E) After the Court Issues a Ruling:

1. Once the court rules, the court will make the orders available on the Public Case Access System (PCAS), and

in the family law records unit. More information on how to access PCAS is available at

https://services.saccourt.ca.gov/PublicCaseAccess/Family.

2. The moving party must serve the opposing/responding party with the ex parte order and file proof of service

before the return hearing date.

(Adopted 1/1/2013; revised 1/1/2014; revised 1/1/2022)

https://www.saccourt.ca.gov/local-rules/docs/sacramento-proposed-local-rules-2022.pdf?fbclid=IwAR0rStFv74CEtx9H65WkMTyLYaBxlXYfGV4JD6B8ymLJ4juAXxkitMh9WQU