Federal Pro Se Clinic - Public Counsel

1 Revised:October 2018 Federal Pro SeClinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012 (213) 385-2977 ext. 270 Open onmostMondays, Wednesdays, and appointment FEDERALPRO SECLINIC IS A PROJECTOF Public Counsel ,A NON-PROFIT PUBLICINTEREST LAW :The Local Rules require you tomake a reasonable, good faith effort to callopposing Counsel (or unrepresented parties)and discuss the points listed on this sure to take notes on any conversationsyou have so that you can fill out yourdeclaration form SeClinicCENTRALDISTRICT OFCALIFORNIA:WESTERNDIVISION How toSubmitan ex parte application Ex Parte applications are Generally DisfavoredEx parte applications should be used only if there is agenuine emergency. Most courts do not like exparte applications because they create a risk that the opposing party will not haveanadequateopportunity to presenthis or herarguments to the judge.

2 As a result, most ex parte applications aredenied. If you are asking the Court todecide an issue that is not time-sensitive, you should file a noticedmotion and set a hearing date. This will give all the parties in your lawsuit an opportunity to file briefs andargue the issue. If you want to file a motion, please see Public Counsel s guide on How to Submit aMotion. What is an ex parte application ?An ex parte application is an urgent request to the Court. Ex parte means by one party. An exparte application differs from a motion because it does not require you to set a hearing Do You Need to DoBEFOREYou File an ex parte application ?Before filingan ex parte application , youmust make a reasonable, good faith effort to call theattorneys for all the other parties in your lawsuit or, if the parties are not represented, you must try tocall the parties themselves. In your phone call, you must discuss the following:1)You must tell the opposing attorney(or unrepresented party)three you willfile an ex parte application withtheCourt, date on which you intend to file the ex parte application , issue you will raisein your ex parte )You must also ask the opposing attorney(orunrepresented party)if he or she objects to your exparte he objects, you must ask him whyhe is objecting so that you can tell the Court )You should confirm you have the opposing attorney s(or unrepresented party s)name, address, telephone number and e-mail address.

3 You will need toprovide those to the Court in Prepared by Public Counsel . 2012, 2013 Public Counsel . All rights :October 2018 Federal Pro SeClinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012 (213) 385-2977 ext. 270 Open onmostMondays, Wednesdays, and appointment FEDERALPRO SECLINIC IS A PROJECTOF Public Counsel ,A NON-PROFIT PUBLICINTEREST LAW Do You File an ex parte application ?Tofilean ex parte applicationin the District Court for the Central District of California, you willneedto preparethe following documents:1)Ex Parte Application2)Memorandum of Points and Authorities in Support ofEx Parte Application3)Declaration in Support ofEx Parte Application4)(Proposed) OrderGranting Ex Parte Application5)Proof of Service by MailA sample of each document is included in this of Each Document1)Ex Parte ApplicationTheexparteapplicationexplains to the Court what you areaskingthe Court to doand why theCourt needs to act on an emergency basis.

4 In your application, youmust state that you contactedall theopposingattorneys(or unrepresented parties)and notified them that you would be )Memorandum of Points and Authorities in Support ofEx Parte ApplicationThememorandum ofpoints andauthorities includesany legal authoritiesand argumentsthatsupport yourex ofpoints andauthorities must not exceed25 )Declaration in Support ofEx Parte ApplicationAdeclaration is a sworn statement to the Courtwhere youwritethefacts that support )(Proposed) OrderGrantingEx Parte ApplicationThisis an order for the judge to signif he or she wants togrant yourex parte this order as if you were the do not sign the proposed order instead, you leaveaspace for the judge )Proof of Service by MailIn this document, you or someone else will swear to the Court that you have mailed a copy of theex parte applicationto the opposing counselor unrepresented :October 2018 Federal Pro SeClinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012 (213) 385-2977 ext.

5 270 Open onmostMondays, Wednesdays, and appointment FEDERALPRO SECLINIC IS A PROJECTOF Public Counsel ,A NON-PROFIT PUBLICINTEREST LAW Line 1 Address Line 2 Phone NumberPlaintiffin Pro PerUNITED STATES DISTRICT COURTCENTRAL DISTRICT OFCALIFORNIAP laintiff s Name,Plaintiff, s Name, No.: CV 1-1PA(SSx) ex parte application forContinuance of Hearing onMotion to DismissJohn Doe, the Plaintiff in this case, hereby asksthis courtex parte to continue the hearing on Defendant s Motion toDismiss, currently set for June 1, 2006 at 10:00 contacted opposing Counsel and informed her ofthis ex parte request. (See Decl. 3.) Opposing counselindicated that she would not oppose Plaintiff s Parte Application1 Formatting YourEx Parte ApplicationBy followingthe instructions below, you will comply with the format requirements of the LocalRules for the Central District of California:1)Pleading Paper:Ex parte applicationsmust be written on pleading paper.

6 Pleading paper is letter-sized ( x 11 ) paper that has the numbers 1-28 typed down the left-hand side. You can download atemplate for pleading paper in Microsoft Word formatfrom Public Counsel s website: Go Find MS WordPleading Paper in the list of forms. You can also download a caption page byclicking MS Word Pleading Paper Caption Page. 2)Font and Margins: 14 pt size font (suggested fonts:Times New Roman or Arial); 1-inch )Name and Contact Information: Starting on Line 1,write yourname, address, and phone number. Write Plaintiff in Pro Per or Defendant in Pro Per underneath your personal )Line 8 or below: Type the name of the court (UNITEDSTATES DISTRICT COURT). On the next line, write thedistrict name (CENTRAL DISTRICT OF CALIFORNIA).5)Party Names: Below the name of the court anddistrict, write the names of the plaintiff and thedefendant(s).6)Case Number: Your case number goes to the right ofthe party sure to include all of thelettersthat make up thejudges )Title ofDocument: Under the Case Number, write the title of example, if you areasking the Court to move a hearing date for a motion to dismiss,your title would be, Ex ParteApplication for Continuance ofHearingonMotion to Dismiss.

7 8)Date and Signature: When you have finished writing yourex parte applicationor supporting document,write the date, your signature and your :October 2018 Federal Pro SeClinic Roybal Courthouse 255 East Temple Street, Suite 170 Los Angeles, CA 90012 (213) 385-2977 ext. 270 Open onmostMondays, Wednesdays, and appointment FEDERALPRO SECLINIC IS A PROJECTOF Public Counsel ,A NON-PROFIT PUBLICINTEREST LAW )Footer and Page Numbers: Typethe title of your documentin the footer. Be sure to number and ServingYourEx Parte ApplicationWhen you have completed yourex parte application, you must file it with the Civil Intake Divisionof the courthouse in which the judge who is hearing yourex parteapplicationis located. File1 originaland2 copiesof each document with the Civil Intake Division. In addition, send1 copyof each document tothe opposing counselor unrepresented partyby mail on the same day that you may file yourex parte applicationwith theCourt in person or by mail.

8 Keep in mind thatmailing yourex parte applicationmay delay the date on which it is filed. The addresses for the Civil IntakeDivision for the Central District of California courthouses are as follows:LOS ANGELESU nited States CourthouseCentral District of California255 East Temple St., Ste TS-134 Los Angeles, CA 90012 SANTA ANAU nited States CourthouseCentral District of CaliforniaSouthern Division411 West Fourth St., Ste 1053 Santa Ana, CA 92701-4516 RIVERSIDEU nited States CourthouseCentral District of CaliforniaEastern Division3470 Twelfth St., Rm. 134 Riverside, CA 925011Ex Parte Application12345678910111213141516171819 202122232425262728_____(Full Name)_____(Email Address)_____(Address Line 1)_____(Address Line 2)_____(Phone Number)_____ in Pro Per(indicate Plaintiff or Defendant)UNITED STATES DISTRICT COURTCENTRAL DISTRICT OFCALIFORNIA_____,Plaintiff, ,Defendant(s).Case No.: _____ s(indicate Plaintiff or Defendant)EX PARTE APPLICATIONFOR_____TO THE HONORABLE COURT:I, (name), the Plaintiff Defendantin this case, hereby applyto theCourtex partefor (describe your urgent request):_____Revised:April 2012 Form prepared by Public Counsel 2012 Public Counsel .

9 All rights Parte Application12345678910111213141516171819 202122232425262728 Icontactedtheopposingcounsel/unrepresent edpartyandinformedhim orher of thisex parte request.(SeeDecl. 3.)Opposing Counsel /unrepresentedparty: indicated that he or she would opposethe ex parte Counsel /unrepresentedpartysaid that his or her reasonsfor opposing the ex parte application are:_____ indicated that he or she would not oppose the ex parte application . was the following unsuccessful attempts toreach opposing Counsel /unrepresented party: _____3Ex Parte Application12345678910111213141516171819 202122232425262728 other.(Explain.)_____Thisex parte applicationis based upona Memorandum of Points andAuthorities,Declaration in Support,the complete files and records in this action,and upon such oral and documentary evidence as may be allowed at the hearing ofthis : _____By:_____(sign)_____(print name)_____ in Pro Per(indicate Plaintiff or Defendant)_____Page NumberMemorandum of Points and Authorities12345678910111213141516171819 202122232425262728_____(Full Name)_____(Email Address)_____(Address Line 1)_____(Address Line 2)_____(Phone Number)_____ in Pro Per(indicate Plaintiff or Defendant)UNITED STATES DISTRICT COURTCENTRAL DISTRICT OFCALIFORNIA_____,Plaintiff, ,Defendant(s).

10 Case No.: _____MEMORANDUM OF POINTS ANDAUTHORITIES IN SUPPORT OFEX PARTE APPLICATIONFOR_____MEMORANDUM OF POINTS AND (Include a briefsummary of what you are asking the Court to do in thisex parte applicationand why. Be sure totell the Court why this request is urgent and cannot be dealt with in a regularly noticed motion.)_____Revised:April 2012 Form prepared by Public Counsel 2012 Public Counsel . All Rights NumberMemorandum of Points and andProcedural History(Include a brief statement of thefactual andprocedural history of this caseasrelevant tothisex parteapplication.)_____Page NumberMemorandum of Points and (Explain the legal basis for the ruling you are asking theCourt to make, withcitations to relevant law, such as theFederal Rules of Civil Procedure,statutes,case law, and local rules, where applicable. The argument should showtheCourthow these legal authorities, when applied to the facts of your case,indicate that theCourtshould rule inyour favor.)