|Effective Monday, November 2, 2020, amended Local Rule 5.3(a)(2) will require all Family Law ex parte applications and oppositions in all cases other than Restraining Orders to be presented for filing by 10 a.m. in all districts. This modification eliminates the variation in the deadline among districts and eliminates the need for litigants to communicate with the Clerk of Court to determine a deadline for a specific district.
Amended Local Rule 5.3(a)(2) reads:
“(2) Family Law Ex Parte Application:
(A) Timing. A party bringing an ex parte application on a ground other than specified in subsection (a)(1) above [relating to restraining orders], for which notice was provided, must present it for filing before 10:00 a.m. of the day for which notice was provided. If notice was not provided, a party must present the application for filing before 10:00 a.m. of the day on which the applicant seeks the order.
(B) Presentation of Application. A party must present the ex parte application for filing in the Clerk’s Office of the district courthouse to which the case is assigned through the Clerk’s Office’s resource account, by fax filing, by drop-box filing or by physical delivery (advance appointment is necessary).
(C) Opposition. A party must present for filing any papers in opposition to the ex parte application before 10:00 a.m. of the day for which notice was provided in the Clerk’s Office of the district courthouse to which the case is assigned through the Clerk’s Office’s resource account, by fax filing, by drop-box filing or by physical delivery (advance appointment is necessary). The deadline for filing opposition to an ex parte application for which no notice was given will be determined by the court. A party opposing an ex parte application who does not present a written opposition may request a hearing by 10:00 a.m.
(D) Hearing. The court may make emergency orders based on the documents submitted or may set a hearing before ruling on an ex parte application. The court will provide reasonable notice of such hearing to permit in-person or remote appearances.
(E) Service. A party bringing an ex parte application and a party providing written opposition must serve the papers on the other party or on the other party’s attorney at the first reasonable opportunity.”
(Rule 5.3(a)(2) amended and effective 11/2/20)
View the full notice here.
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