CRC 5.151 — Request for Temporary Emergency (Ex Parte) Orders
Type: California Rules of Court (Title 5 — Family and Juvenile Rules; Division 1 — Family Rules; Chapter 7 — Request for Emergency Orders)
Summary
Procedural rule governing requests for emergency (ex parte) orders in family law cases. The rule requires that an applicant make an affirmative factual showing — based on personal knowledge — of (a) immediate danger or irreparable harm to a party or to the children, (b) immediate loss or damage to property at issue, or (c) any other statutory basis for relief without notice or with shortened notice. Applications must be accompanied by a completed declaration regarding notice that explains either the notice given, the good-faith failed attempt to give notice, or the reason notice should not be required.
When to use
The procedural counterpart to FC §3064’s substantive ex parte custody-order standard. Cite together when analyzing the propriety of any ex parte filing — whether Charley’s 4/4 application or any future application by either party. Operationalizes both the “what facts must be alleged” question and the “what notice must be made” question.
Rule text (verbatim — operative purpose and threshold language)
The purpose of a request for emergency orders (“ex parte” or “emergency orders”) is to address matters that cannot be heard on the court’s regular hearing calendar. In this type of proceeding, notice to the other party is shorter than in other proceedings. Notice to the other party can also be waived under exceptional and other circumstances as provided in these rules.
Emergency orders may be requested to: (1) Make orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter; (2) Make orders to help prevent immediate loss or damage to property subject to disposition in the case; or (3) Make orders about procedural matters, including the following: (A) Setting a hearing on shortened notice; (B) Shortening or extending time to serve pleadings or to respond to discovery; (C) Continuing a hearing or trial.
Required showing — An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte or on shortened notice.
Scope / notes
- The full rule contains specific filing-time, declaration-content, and notice-content requirements; consult the Judicial Council source before any application.
- Companion to substantive standard at FC §3064 - Restrictions on Ex Parte Custody Orders.
Linked exhibits
Transclude of Exhibits-by-Statute.base