Proof of service

[weenor]

My response:

WRONG! Absolutely, wrong. "Notice" of an Ex-Parte hearing is given by telephone or fax at least 24 hours in advance of the hearing time, and then, you must Declare in your attached Declaration that such Notice was given, and the method, and by whom, and to whom it was give, along with the date and time of the Notice. Then, a copy of the Ex-Parte Application and Motion must be mailed to the opposing party, along with a copy to be served at the Hearing.

IAAL

I am curious about this because in Alabama there is no such thing as an exparte hearing...if one party goes before the judge without the other party it is considered exparte under what one would consider the normal definition of exparte (w/o a hearing). If you get the order there is no hearing and no notice to the other side. Yeah I know dufus state well behind the times, none the less how can California have a provision requiring notice of hearing to the other party (that is not supposed to be heard) prior to the judge's ruling.. I am sure I am not making sense, but I am really confused.

 

[eme76]

I am curious about this because in Alabama there is no such thing as an exparte hearing...if one party goes before the judge without the other party it is considered exparte under what one would consider the normal definition of exparte (w/o a hearing). If you get the order there is no hearing and no notice to the other side. Yeah I know dufus state well behind the times, none the less how can California have a provision requiring notice of hearing to the other party (that is not supposed to be heard) prior to the judge's ruling.. I am sure I am not making sense, but I am really confused.

the way i understand it....its kinda a CA thing that "exparte" is used the way an "emergency" hearing
one party can file an "exparte" motion and it will be heard within 2 days and party 1 has to give party 2 24 hr notice (my county you only have to give 16hours) dose that make any sence????

 

[rmet4nzkx]

TRO's are issued at exparte hearings, then the party is served.

 

[You Are Guilty]

I am curious about this because in Alabama there is no such thing as an exparte hearing...if one party goes before the judge without the other party it is considered exparte under what one would consider the normal definition of exparte (w/o a hearing). If you get the order there is no hearing and no notice to the other side. Yeah I know dufus state well behind the times, none the less how can California have a provision requiring notice of hearing to the other party (that is not supposed to be heard) prior to the judge's ruling.. I am sure I am not making sense, but I am really confused.

Orders to show cause don't exist in Alabama??

 

[casa]

I am curious about this because in Alabama there is no such thing as an exparte hearing...if one party goes before the judge without the other party it is considered exparte under what one would consider the normal definition of exparte (w/o a hearing). If you get the order there is no hearing and no notice to the other side. Yeah I know dufus state well behind the times, none the less how can California have a provision requiring notice of hearing to the other party (that is not supposed to be heard) prior to the judge's ruling.. I am sure I am not making sense, but I am really confused.

In Emergent situations a person can present to the court evidence (ex-parte) without the other party being there. The other party must be served within 24 hours & then has a date set to hear the matter.

Proof of service is required regardless...but OP can't say they weren't served when they are sitting in the court room.

 

[MomTryin2Improv]

Thanks for clearing that up... and I think I know where I went wrong. My ex made an ex parte motion and then mailed it to my OLD address. Jerk.
Anyways, I was notified of the motion only AFTER the judge denied it. Is that how it's sposed to be?

Oh, and I guess I should have known that you can't believe everything you read on the internet