California > Local County > San Diego > Probate
Probate Ex Parte Coversheet PR-136 - California
| Probate Ex Parte Coversheet Form. This is a California form and can be used in Probate San Diego Local County . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO.(Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, MADGE BRADLEY, 1409 4TH AVE., SAN DIEGO, CA 92101 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 IN THE MATTER OF JUDGE CASE NUMBER PROBATE EX PARTE COVERSHEET & INSTRUCTIONS DROP APPEARANCE CONTESTED/SET FOR: INSTRUCTIONS: Visit the court's web site at www.sdcourt.ca.gov for specific instructions and local rules regarding ex parte requests. See reverse for general ex parte instructions. EX PARTE REQUESTS WILL BE REVIEWED BY THE COURT ONLY UPON PROPER NOTICE AND ALLEGATION OF URGENCY. Title of petition: Petitioner(s) name & standing: Any known objectors (name): The urgency for seeking an immediate ex parte order is: Examiner Use Only YES NO Notice requirements met:_____________________________________________________________________________ Required documents attached and complete. Complies with SDSC Rule 4.7.5 and/or Cal. Rules of Court, rule 3.1200 for ex parte request. Scheduled hearings: _________________________________________________________________________________ Examiner's name: __________________________________________________________________________________________ Examiner comments: Judicial Officer Use Only Application for ex parte relief is granted. Application for ex parte relief is denied. Set hearing: Other Orders: Date: Judge of the Superior Court SDSC PR-136 (Rev. 12/11) PROBATE EX PARTE COVERSHEET & INSTRUCTIONS Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR SUBMITTING AN EX PARTE REQUEST An original and one copy of all of the following must be submitted at the time of filing your ex parte request: Coversheet: Complete this green ex parte coversheet and attach your petition, order, and declaration regarding notice. Failure to complete all requested information may result in the denial of your request. SDSC Local Rule 4.7.5(G). Petition: This is your request for relief. An affirmative factual showing by declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory, or local rule basis for ex parte relief, must be set forth in the petition. If there is a Judicial Council form for the particular relief you are requesting, it must be used. Otherwise, you must submit your application on pleading paper using the proper format set forth at Cal. Rules of Court, rule 2.100 et seq. All ex parte applications must be verified pursuant to Prob. Code ยง1021 et. seq. Order: A separate order must be submitted. The order must set forth all relief requested set forth. If there is a Judicial Council order form it must be used. Otherwise, you must submit your order on pleading paper using the proper format set forth at Cal. Rules of Court, rule 2.100 et seq. Ex parte petitions which do not include a separately prepared order will not be considered. Declaration regarding notice: A separate declaration of notice, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected, or a declaration stating reasons why notice should not be required, must accompany every request for an ex parte order. The court will not consider a request to waive notice when the recipient's address is unknown unless the declaration required by Cal. Rules of Court, rule 7.52 is submitted. Fees: All required fees must be paid. The current fee schedule may be viewed at www.sdcourt.ca.gov. EX PARTE HEARINGS: Specific rules regarding procedures followed by each probate courtroom for ex parte requests may be found at the court's web site www.sdcourt.ca.gov. under Probate Rules/Department Rules. SDSC PR-136 (Rev. 12/11) PROBATE EX PARTE COVERSHEET & INSTRUCTIONS Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
|
|||||||
