Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

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Application for Ex Parte Order To Show Cause and Order

[Attorney name] [Address] [Telephone number]

Attorney for [e.g., Plaintiff], [name]

xx Court, County of xx
[District]

xxxxxx ) No.xxx
Plaintiff(s) )
vs. ) APPLICATION FOR EX PARTE
) ORDER FOR [SPECIFY NATURE OF
xxxxxx ) ORDER SOUGHT];
Defendant(s) ) ORDER TO SHOW CAUSE
____________________________)
Hearing: [date; time]
Department:
Trial Date: [if set]

[Name of attorney] declares:

1. I am an attorney for [e.g., plaintiff], [name], in this action.

2. [Continue in numbered paragraphs with statements of facts and reasons supporting need for relief or order sought, need to have an early hearing if that has been requested, and need to proceed by order to show cause rather than by noticed motion].

[3.] [Continue declarant's statements].

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: [Signature]
[Typed name]
Attorney for

[Add brief points and authorities if appropriate]

ORDER

To [name of each party to whom order is directed]:

Good cause appearing,

YOU ARE ORDERED to appear in Department No. _ _ of this Court, located at [room no. and address], on [date], at [time], to give any legal reason why the [following/attached] order requested by [e.g., plaintiff] should not be made by this Court.

[Add if form of order sought is not attached, e.g.] If [e.g., plaintiff]'s motion is granted, you will be ordered to [specify nature of order].

[Add if moving party also requests other forms of interim relief] IT IS FURTHER ORDERED that [state nature of additional orders].

Date: ________ ___________________
Judge

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