Exparte Orders

[AWorkOfArt]

What is the name of your state? California


In exparte hearings where an injunction/restraining order is being sought after, how does the court establish jurisdiction before granting the order? Can jurisdiction be assumed when no one is there to challenge it? Are judges responsible for knowing where the order is going? When it's blatantly obvious that a judge failed to read the complaint in its entirety, has he violated his duty/oath in some way?

 

[CALIF-PRO36]

What is the name of your state? California


In exparte hearings where an injunction/restraining order is being sought after, how does the court establish jurisdiction before granting the order? Can jurisdiction be assumed when no one is there to challenge it? Are judges responsible for knowing where the order is going? When it's blatantly obvious that a judge failed to read the complaint in its entirety, has he violated his duty/oath in some way?

My response:

There are many, and varied, forms of jurisdiction; e.g., "Subject Matter Jurisdiction", "In Personum Jurisdiction", etc. So, instead of merely asking a bunch of disembodied questions, how about giving us your facts concerning the case, the parties, their locations at the time, and other facts? That way, we can have a "point of reference" to the type of jurisdiction you'd like to know about.

IAAL

 

[seniorjudge]

Q: In exparte hearings where an injunction/restraining order is being sought after, how does the court establish jurisdiction before granting the order?

A: The moving party must allege the facts showing jurisdiction.


Q: Can jurisdiction be assumed when no one is there to challenge it?

A: No.


Q: Are judges responsible for knowing where the order is going?

A: What do you mean?


Q: When it's blatantly obvious that a judge failed to read the complaint in its entirety, has he violated his duty/oath in some way?

A: What do you mean?

 

[AWorkOfArt]

Q: In exparte hearings where an injunction/restraining order is being sought after, how does the court establish jurisdiction before granting the order?

A: The moving party must allege the facts showing jurisdiction. Even in superior court or is this answer for district court?

Q: Can jurisdiction be assumed when no one is there to challenge it?

A: No. Is there a statue that backs this up?


Q: Are judges responsible for knowing where the order is going?

A: What do you mean? If an order is going off to China, isn't it the judges responsible for knowing this info? can he proceed w/out knowing the order's destination or even if he has authority?

Q: When it's blatantly obvious that a judge failed to read the complaint in its entirety, has he violated his duty/oath in some way?

A: What do you mean? say for instance, I write a motion about a traffic ticket defending myself for not stoping at a stop sign because my breaks were bad and the judge says in open court to the officer maybe she didn't stop because she didn't see the sign... It would be kinda obvious he never read the motion where I clearly stated I couldn't stop due to bad breaks. therefore not giving my case proper consideration, does this reflect on his duty in any way??

 

[AWorkOfArt]

My response:

There are many, and varied, forms of jurisdiction; e.g., "Subject Matter Jurisdiction", "In Personum Jurisdiction", etc. So, instead of merely asking a bunch of disembodied questions, how about giving us your facts concerning the case, the parties, their locations at the time, and other facts? That way, we can have a "point of reference" to the type of jurisdiction you'd like to know about.

IAAL

Plaintiff in Cali files restraining DV TRO on defendant in New York. Defendant hasn't been anywhere near Cali. The whole purpose of the TRO was to hinder the defendant from getting anymore information of illegal activities about a 3rd party not involved w/the TRO. If I go into that, it will confuse the whole scenario. The commissioner grants the TRO in an ex parte hearing**************.... My question is how can he do that when district court has original jurisdiction of diversity in citizenship?? Was he supposed to be completely informed of defendant’s residence before proceeding? I know they grant $h!T like this all the time and wait for the other sides response to tell them what they need to know but isn’t this something that should be established by the courts prior to granting the TRO??


Does subject matter jurisdiction change when a court exceeds jurisdiction by going beyond there territorial boundaries? Doesn't subject matter jurisdiction change to federal subject matter when it involves parties of different states?

 

[CALIF-PRO36]

My response:

This thread will now drop into that great abyss.

I wish you a very nice day.

IAAL

 

[seniorjudge]

Q: In exparte hearings where an injunction/restraining order is being sought after, how does the court establish jurisdiction before granting the order?

A: The moving party must allege the facts showing jurisdiction. Even in superior court or is this answer for district court?

Any court.


Q: Can jurisdiction be assumed when no one is there to challenge it?

A: No. Is there a statue that backs this up?

I don't know of any statute; that is just the way court works.


Q: Are judges responsible for knowing where the order is going?

A: What do you mean? If an order is going off to China, isn't it the judges responsible for knowing this info? can he proceed w/out knowing the order's destination or even if he has authority?

The order is issued and the non-moving party is served with it; I have no idea what you are asking.




Q: When it's blatantly obvious that a judge failed to read the complaint in its entirety, has he violated his duty/oath in some way?

A: What do you mean? say for instance, I write a motion about a traffic ticket defending myself for not stoping at a stop sign because my breaks were bad and the judge says in open court to the officer maybe she didn't stop because she didn't see the sign... It would be kinda obvious he never read the motion where I clearly stated I couldn't stop due to bad breaks. therefore not giving my case proper consideration, does this reflect on his duty in any way??

You are very confused; why would you be filing an injunction or restraining order in a traffic case?

***********

 

[seniorjudge]

Plaintiff in Cali files restraining DV TRO on defendant in New York. Defendant hasn't been anywhere near Cali. The whole purpose of the TRO was to hinder the defendant from getting anymore information of illegal activities about a 3rd party not involved w/the TRO. If I go into that, it will confuse the whole scenario. The commissioner grants the TRO in an ex parte hearing**************.... My question is how can he do that when district court has original jurisdiction of diversity in citizenship?? Was he supposed to be completely informed of defendant’s residence before proceeding? I know they grant $h!T like this all the time and wait for the other sides response to tell them what they need to know but isn’t this something that should be established by the courts prior to granting the TRO??


Does subject matter jurisdiction change when a court exceeds jurisdiction by going beyond there territorial boundaries? Doesn't subject matter jurisdiction change to federal subject matter when it involves parties of different states?

Your clarification has left me more confused than ever.

If you decide that you want to tell us what you are talking about and stop using legal mumbo jumbo, then do so. Otherwise, forget it....

 

[AWorkOfArt]

***********

the traffic ticket was only an example to what I was asking....you asked, what do you mean? and that was if it's obvious a judge hasn't read your answer to a complaint or your motion or what ever you've submitted has he violated his oath or duty to the cours in some way? Or is this normal?

 

[AWorkOfArt]

My response:

This thread will now drop into that great abyss.

I wish you a very nice day.

IAAL

I knew I wasn't going to get any good response when I saw you post anyway...

 

[fairisfair]

I knew I wasn't going to get any good response when I saw you post anyway...

and I knew you weren't going to get a good response when I saw YOUR post. Disjointed, uninformative, full of what ifs and nonsense that had nothing to do with what you were actually asking.

 

[AWorkOfArt]

and I knew you weren't going to get a good response when I saw YOUR post. Disjointed, uninformative, full of what ifs and nonsense that had nothing to do with what you were actually asking.

Really? What was I asking?

 

[fairisfair]

Really? What was I asking?

Who the he** knows? that is the point.

 

[AWorkOfArt]

Who the he** knows? that is the point.

Go back to the first post, that's where the question is. I was simply trying to find out how the courts know if they have the power/authority/jurisdiction to issue injunctions/orders in ex parte hearings. An exparte hearing is a one-sided story. Not all courts have the same jurisdiction**************.