FM-1013 REV 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 3 of 3
For more information please refer to Superior Court of California, County of Santa Clara Local Rules 5 A & B and
California State Rules, Rules 5.151, 5.165, 5.167, and 5.170.
This form is required in Santa Clara County, if you are askin
g the Judge to make immediate orders (also know as
emergency or ex parte orders) without the other party being present for a hearing. This form must be completed in any
case where ex parte orders or emergency orders are requested. If you are required to give notice, notice must be given
before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24
hours. Notice means providing the other side of the case, either all other attorneys or any self-represented party, with
copies of any papers that you want the Judge to review and any orders that you are requesting. If you have given notice
to the other side of your case, you must state the form of notice given. If you ask the Court to not require notice, you must
explain why. Sometimes notice is not required, such as cases involving allegations of domestic violence or where the
safety of a party or a child might be at risk if notice is given. It is up to the Judge in your case to determine whether notice
will be required or not.
State whether you are the Petitioner or the Respondent in the case.
Once a case is filed, the parties keep the same
status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do
not have an attorney, you are considered self-represented.
If any other party is represented by an attorney, you must provide
the Court with the attorney’s name and address. If the
other party is not represented by an attorney, you must provide the Court with the other party’s address.
It is very important to list all other cases in which you and the other party have been involved with the courts. This would
de other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not
have the case number, please put “unknown” and list the county and the year of the filing, if possible.
Unless notice is excused by the Court, you must provide notice of this application to all other parties and attorneys before
you deliver a copy to the Court. When you give such notice, specify how you did it (by fax, courier, or personally, for
example), who received it and at what time and on which date. Also, please explain how you know that the other side
received copies of your papers and what response you were given.
If you believe that you should not be required to give notice of this ap
plication and are asking the Court not to
require notice, explain why in this section. Check as many boxes as apply. You must also write out any further
explanation of your reasons for not giving notice or provide a separate declaration.
After this form is completed, attach it to your application or m
otion and submit them to the Court Specialist’s Office at the
Family Court Facility where you are dropping off your paperwork for review.