Can an electronic signature be used?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable retention exist.

Is remote notarization acceptable?

It depends on state rules. Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; check the state notary commission before using RON-signed affidavits.

What if a judge requires a wet signature?

Comply with the court's order: notarize and provide original wet-signed affidavits when explicitly requested. Retain scanned copies plus the original for the record.

How do I prove service was timely?

File a proof of service or affidavit with date, method, and recipient details; include delivery confirmation or e-service logs accepted by the court.

What to do if the petition is rejected?

Review clerk comments, correct procedural defects, refile promptly, and notify opposing counsel per local rules to preserve emergency timing.

Which authentication level is best for signers?

Use at least email verification plus identity checks for declarants in contested matters; stronger methods (ID check, SMS or KBA) reduce disputes about attribution.

Electronic Signature
Templates
Other
Petition for Order Allowing Pre-Application

Petition for Order Allowing Pre-Application

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

WORKERS' COMPENSATION APPEALS BOARD

PETITION FOR ORDER ALLOWING

PRE-APPLICATION ATTORNEY FEE AND ORDER

(PRINT OR TYPE NAMES AND ADDRESSES; INCLUDE ZIP CODES)

ID OR CASE NO.

Injured Worker

Address

Date of Claimed Injury

Social Security Number

Date of Birth

Attorney for Injured Worker

Address

Employer

Address

Insurance Carrier or, if Self-insured, Certificate Name

Address Where Claim Administered

Adjusting Agency, if Agency Administered

Attorney for Employer/Carrier

Address

Description of services rendered (nature of dispute, responsibility assumed, complexity or unusual difficulties and results obtained):

Estimate of time involved

Date of request

Attorney fee requested $

Certified specialist? Yes No

Manner of payment (See instructions):

Attorney or Representative

Address

Telephone No.

Attorney fee previously received on this claim and other related claims or Applications for Adjudication (list Applications by case number):

A COPY OF THE DATED AND COMPLETED EMPLOYEE'S CLAIM FOR WORKERS' COMPENSATION BENEFITS (FORM DWC-1) AND
THE ATTORNEY FEE DISCLOSURE STATEMENT (FORM DWC-3) MUST BE ATTACHED TO THIS FEE REQUEST
PURSUANT TO APPEALS BOARD RULE 10975.

WCAB Form 31 (Rev. 2/91) (Page 1 of 2)

WCAB-31

ORDER

The above fee request is approved in the amount of $

is ordered to pay this amount to

Dated

Workers' Compensation Judge

SERVED ON THE FOLLOWING:

By:

Date:

INSTRUCTIONS

Labor Code Sections 4906(b) and (c) provide:

No attorney or agent shall demand or accept any fee from an employee or dependent of an employee for the purpose of representing
the employee or dependent of an employee in any proceeding of the division, appeals board, or any appellate procedure related thereto
until the amount of the fee has been approved or set by the appeals board.

Any fee agreement shall be submitted to the appeals board for approval within 10 days after the agreement is made.

Any request for attorney fees for services rendered after the filing of the Employee's Claim for Workers' Compensation Benefits form but
before the filing of an Application for Adjudication must be on this form which shall be completely filled out.

The manner of payment shall be indicated by including the name of the person or other legal entity to make the payment) the method of
payment and the attorney or law firm receiving payment. Any funds or proceeds out of which payment is to be made will clearly be set
forth.

WCAB Form 31 (Rev. 2/91) (Page 2 of 2)

What the Petition for Order Allowing Pre-Application Is

A Petition for Order Allowing Pre-Application is a court filing that asks a judge for permission to take specific preparatory steps before a formal application or primary filing is lodged. Typical requests include authorization to serve limited notice, to preserve evidence, to obtain interim relief, or to proceed with administrative preparations that would otherwise be stayed. Courts use this procedural vehicle to balance the movant’s need for prompt action with parties’ due process rights; local rules and case law determine the scope and timing of allowed pre-application measures.

Why this Petition Matters for Case Preparation

Seeking a pre-application order secures time-sensitive steps, preserves rights, and reduces procedural delay while the main application is prepared. It can narrow contested issues before full briefing and protect evidence or property that might otherwise be lost.

Who Typically Prepares and Files This Petition

The petition is most commonly used by litigants and their counsel when time-sensitive actions are necessary prior to a full application.

Private litigants preparing injunctive or preservation requests in civil disputes.
Government agencies seeking interim administrative steps before formal rulemaking or benefit application.
Nonprofit organizations or trustees protecting assets or evidence pending full court review.

Step-by-Step: Preparing and Filing the Petition

Follow a concise sequence to prepare an accurate petition and avoid processing delays.

01

Draft Petition: Summarize urgency, relief sought, and legal basis in plain terms.
02

Attach Evidence: Include affidavits, exhibits, and a proposed order with clear timelines.
03

Check Local Rules: Confirm emergency filing procedures, page limits, and signature requirements.
04

File and Serve: E-file per court rules and serve all affected parties promptly.

How the Pre-Application Petition Moves Through Court

A typical processing flow helps you plan service, hearings, and expected judicial review steps.

Prepare Package: Draft petition, proposed order, and supporting affidavit.
E-File or Deliver: Submit to the clerk following emergency or expedited rules.
Notify Parties: Serve opposing parties and provide proof of service to court.
Hearing or Ruling: Court issues ruling or schedules an expedited hearing.

Configuring an Efficient Digital Workflow

Set up roles, fields, and authentication to reduce back-and-forth and meet court evidence standards.

Field	Configuration
Document Type	Petition + Proposed Order
Signer Roles	Attorney \| Declarant
Authentication	Email verification \| ID check if required
Retention	Export PDF/A and store with audit trail

Technical Considerations for eFiling and eSignature

Courts and clerks often require PDFs, reliable timestamps, and proof of identity for signers and declarants.

File Format: PDF/A
Timestamping: Secure UTC timestamps
Audit Trail: IP, email, and action log

Ensure your platform produces court-ready PDFs, a tamper-evident audit trail, and retains copies per retention requirements.

Core Elements to Include in a Professional Petition

A well-structured petition presents the relief sought, factual support, legal authority, and a clean proposed order for the judge to sign.

Caption & Jurisdiction

Clear court caption, parties, and authority for the requested pre-application relief so the court can identify subject matter jurisdiction and venue.

Statement of Facts

Concise, date-stamped factual chronology showing urgency, irreparable harm risk, or preservation needs supporting the limited relief requested.

Legal Basis

Cite statutes, rules, or precedent that authorize pre-application or emergency relief and explain how elements are satisfied.

Affidavits & Exhibits

Include sworn declarations and documentary evidence with exhibit labels and exhibit index for quick judicial review.

Proposed Order

A narrowly tailored, clearly worded proposed order with explicit dates, duties, and reporting requirements for the party granted relief.

Service & Proof

Attach proof of service or proposed service plan that complies with local rules and provides notice to affected parties.

Essential Data Elements to Provide

Petitioner: Full legal name

Respondent: Full legal name

Dates: MM/DD/YYYY format

Relief: Specific actions requested

Contact: Attorney and party contact

Exhibits: Indexed and labeled

Penalties and Risks from an Incorrect Petition

Dismissal Risk: Late or improper filing

Sanctions: Court-ordered penalties possible

Ineffective Relief: Overbroad orders may be denied

Service Defect: Improper service voids relief

Evidence Loss: Failure to secure evidence

Confidentiality: Unprotected filings may disclose data

Common Preparation Mistakes to Avoid

Submitting an unsigned or unsigned affidavit that requires a wet signature or notarization, which can delay emergency consideration.
Failing to attach a clear proposed order; judges often decline relief if the order is vague or requires heavy modification.
Overstating urgency without documentary support; unsupported urgency leads to denial and credibility loss with the court.
Not checking local emergency or expedited filing rules, resulting in incorrect e-filing steps, missed timelines, or rejection by the clerk.

Key Timeframes to Track When Filing

Timelines vary by court; important dates include filing, service, temporary hearing, and any short-term reporting required by an order.

Filing Window:

File immediately when exigent facts arise; courts prioritize emergency filings.

Service Deadline:

Serve opposing parties promptly per local rule, often within 24–72 hours for emergency filings.

Hearing Scheduling:

Courts may set hearings within days to weeks depending on docket and urgency.

Order Duration:

Orders often include short-term expiration or return dates for full application.

Appeal Window:

Timelines to challenge emergency orders follow standard appellate deadlines.

Milestone Timeline from Petition to Full Application

A sequential milestone view helps coordinate filing, service, hearing prep, and transition to the full application.

01

Draft & Assemble

Prepare petition, affidavits, exhibits, and proposed order before filing.

02

File & Serve

E-file and serve all required parties with proof of service.

03

Expedited Hearing

Attend or submit briefs for the court's expedited consideration.

04

Transition

If granted, use ordered steps to prepare the main application on the ordered schedule.

Comparing eSignature Options for Preparing and Signing the Petition

Common eSignature vendors vary by price model, envelope limits, HIPAA support, and bulk-send features; signNow appears first for clear comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions and Practical Fixes

Common issues relate to signatures, notarization, local rules, and service of process; concise remedies reduce rejections and hearing delays.

Need help? Contact support

Can an electronic signature be used?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and reliable retention exist.
Is remote notarization acceptable?
It depends on state rules. Many states permit Remote Online Notarization (RON) with identity proofing and audio-video recording; check the state notary commission before using RON-signed affidavits.
What if a judge requires a wet signature?
Comply with the court's order: notarize and provide original wet-signed affidavits when explicitly requested. Retain scanned copies plus the original for the record.
How do I prove service was timely?
File a proof of service or affidavit with date, method, and recipient details; include delivery confirmation or e-service logs accepted by the court.
What to do if the petition is rejected?
Review clerk comments, correct procedural defects, refile promptly, and notify opposing counsel per local rules to preserve emergency timing.
Which authentication level is best for signers?
Use at least email verification plus identity checks for declarants in contested matters; stronger methods (ID check, SMS or KBA) reduce disputes about attribution.

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