When dealing with urgent legal matters that require immediate attention from the court, the California Local M 1 form plays a crucial role. Specifically tailored for the Superior Court of California, County of El Dorado, this document facilitates a streamlined process to request an ex parte hearing—a type of court appearance that’s urgently scheduled without the standard notice typically provided to the other party. The form sets out clear guidelines and requirements for whether and how to notify the opposing party about the ex parte application, aligning with Rule 3.1203 of the California Rules of Court. It demands that, under normal circumstances, notice should be given by 10 a.m. the court day before the hearing, with allowances for cases of exceptional urgency that justify deviation from this rule. Applicants must detail their efforts to notify or reasons for not notifying the other party, underlining the balance between due process and the need for immediate judicial intervention. The adherence to these procedures underscores the seriousness of such requests and the courts' dedication to fairness, even when expediency is paramount.
| Question | Answer |
|---|---|
| Form Name | California Local Form M 1 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names |
ATTORNEY OR PARTY WITHOUT ATTORNEY |
TELEPHONE NO. |
FOR COURT USE ONLY |
ATTORNEY FOR (NAME)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF El Dorado
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
DECLARATION OF NOTICE OF
Pursuant to California Rule of Court 3.1203, notice of the
I, __________________________________________________ declare:
1.That I am
counsel for
plaintiff/petitioner
defendant/respondent in the within action.
2. |
NOTICE WAS GIVEN: Pursuant to California Rules of Court notice was given that a hearing for an |
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scheduled at _________________ a.m. / p.m. on ______________________ in ___________________ . |
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(Time) |
(Date) |
(Department/Court) |
Notice was given to:____________________________________________(full name of party to whom notice was given).
By telephone call at __________ a.m. / p.m. on ________________ to the following number:_________________.
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(Time) |
(Date) |
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By other means (Describe how notice was given): |
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3. |
The following response to said notice was received (Describe): |
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No response was received because a message was left at the number above. |
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4. |
NOTICE WAS NOT GIVEN: Notice was not given of the hearing for the following reason indicated: |
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Notice of the application would frustrate the purpose of the orders and the applicant would suffer immediate and |
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irreparable harm if the adverse party learns that this order is being sought before it is entered. |
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OR - |
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The following reasonable and good faith efforts were made to notify the adverse party and further efforts to give |
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notice would probably be futile or unduly burdensome. |
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5.Explain in Detail why no notice was given:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: __________________________ |
_____________________________________ |
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(Signature of Declarant) |
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DECLARATION OF NOTICE OF
Mandatory Form |
LOCAL FORM |
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Revision 04/08/2014 |