Legal Ex Parte Application

LEGAL EX PARTE APPLICATION

Court:    Case No.:

Judge or Department:

To the Honorable and the Court: Applicant Name: (hereinafter "Applicant"), by and through counsel , respectfully applies ex parte for immediate relief against Respondent Name: (hereinafter "Respondent").

RECITALS

WHEREAS, Applicant contends that immediate judicial intervention is necessary to prevent irreparable harm arising from the conduct described in the declaration and supporting exhibits attached hereto; and

WHEREAS, Applicant seeks interim relief without prior notice to Respondent because demonstrates substantial risk that notice will frustrate the relief requested; and

WHEREAS, the applicable rules and statutes permit ex parte applications where good cause is shown and where the moving party provides a clear statement of efforts to provide notice or the reasons notice is impracticable.

NOW, THEREFORE, Applicant presents this Ex Parte Application and requests that the Court grant the relief set forth below.

1. RELIEF REQUESTED

2. GROUNDS FOR EX PARTE RELIEF

Applicant asserts the following grounds constitute good cause for ex parte relief (check applicable items and provide factual support below):

Imminent or continuing irreparable harm to Applicant
Risk of destruction, concealment, or removal of evidence or assets
Threat to personal safety or property if immediate relief is not granted
Authority under statute or rule permitting ex parte relief

3. SUPPORTING DECLARATION AND EXHIBITS

The application is supported by a declaration under penalty of perjury from: , dated , and by the following documentary exhibits:

4. NOTICE OR EXEMPTION FROM NOTICE

Applicant has attempted to provide notice to Respondent as follows (describe dates, methods, and persons notified). If no notice was given, provide the reasons notice was impracticable or would frustrate relief:

Applicant asserts that notice requirements are excused because notice would cause immediate frustration of relief or create additional harm.

5. PROPOSED SHORT-TERM RELIEF AND DURATION

6. SERVICE AND ENTRY

If the Court grants ex parte relief, Applicant requests the Court permit service of the order and supporting papers by the following methods:

7. MISCELLANEOUS PROVISIONS

Governing Law: This application and any order entered hereunder shall be governed by the substantive law and procedural rules of the jurisdiction of the Court.

Entire Agreement: This Application, the supporting declaration(s), exhibits, and any order issued in response constitute the complete request for temporary emergency relief and supersede prior oral or written requests for the same relief.

Severability: If any provision of this Application or an order entered pursuant to it is held invalid, the remainder shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this Application is effective unless in writing and executed by Applicant. Failure to enforce a provision shall not constitute waiver of future enforcement.

DECLARATION

I, , declare under penalty of perjury under the laws of this jurisdiction that the foregoing is true and correct to the best of my knowledge, and that the supporting declaration and exhibits contain facts demonstrating the necessity for immediate ex parte relief.

Date of Declaration:

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