CRC 3.1204: Ex Parte Notice, 10 a.m. Deadline, and Declaration

California Rules of Court, rule 3.1204 governs two things about an ex parte application: what you must tell the opposing party when you notify them of the hearing, and what your sworn declaration to the court must say to prove you did it properly.¹ Get either piece wrong and an otherwise strong request for emergency relief can be continued or denied.

What You Must Tell the Other Party

Rule 3.1204(a) requires two things every time you notify opposing parties about an upcoming ex parte hearing. You must describe the specific relief you are asking the court to grant and give the date, time, and location of the hearing.¹ “Specific” means more than a heads-up. If you want a temporary restraining order freezing a bank account, say that. If you want an order shortening time on a pending motion, say that. The other side should know exactly what they are walking into.

You must also attempt to determine whether the opposing party intends to appear and oppose the application.¹ This is not optional courtesy. The court wants to know in advance whether it will hear from both sides or one. Asking the question and recording the answer also feeds directly into the declaration.

The 10:00 a.m. Deadline

The timing rule lives in rule 3.1203, but 3.1204 assumes it. Notice must reach every other party no later than 10:00 a.m. on the court day before the ex parte hearing.² A court day excludes weekends and every judicial holiday listed in Code of Civil Procedure section 135. When a judicial holiday falls on a Saturday, courts observe it on Friday; when it falls on a Sunday, courts observe it on Monday.³

Miss the cutoff and the application is not automatically dead, but rule 3.1204 requires the declaration to show either exceptional circumstances that made earlier notice impossible or, in an unlawful detainer case, that the shorter notice was reasonable.¹ Courts take that showing seriously. “I was busy” will not do. Document what actually happened: a late-afternoon discovery of the emergency, an evening service of the underlying filing, or another concrete reason the judge can weigh.

What the Declaration Must Say

Every ex parte application must include a declaration under penalty of perjury proving notice. Rule 3.1204(b) sets out three possible scenarios, and your declaration must fit one of them.

You Reached the Other Party

When you got through, the declaration must state the date and time you gave notice, the method used, the name of the person notified, the specific relief described, any response received, and whether opposition is expected at the hearing.¹ It must also confirm that the notice met the rule 3.1203 deadline. Every element matters. “I called opposing counsel” without a date, a time, or the substance of the conversation leaves a gap the judge may refuse to overlook.

You Tried but Could Not Reach Them

If notice was attempted but failed, the declaration must describe the good-faith efforts in detail.¹ List every phone number called, every email sent, and every other method attempted, with times. One call and a shrug is not a good-faith effort. The more thoroughly you document the attempts, the more likely the court is to proceed despite the gap.

You Argue Notice Should Be Excused

In rare cases, you can ask the court to waive notice entirely. The declaration must explain the specific reasons giving notice would defeat the purpose of the order or cause irreparable harm.¹ This comes up when tipping off the opposing party would let them destroy evidence, hide assets, or flee. The bar is high because waiving notice implicates the other side’s right to be heard, and the judge will scrutinize every sentence.

Unlawful Detainer Cases Get a Different Standard

Eviction proceedings work slightly differently. Where most civil cases require either on-time notice or exceptional circumstances for late notice, unlawful detainer applications allow shorter notice as long as it was “reasonable” under the circumstances.¹ The declaration must explain why the abbreviated notice was reasonable rather than prove full exceptional circumstances. Statutory eviction timelines are compressed, and a strict 10:00 a.m. reading would sometimes conflict with the accelerated schedule.

False Declarations and Perjury

Because the notice declaration is signed under penalty of perjury, lying in it is a criminal offense. California Penal Code section 118 defines perjury as knowingly stating something false in a sworn document.⁴ A perjury conviction carries a state prison sentence of two, three, or four years.⁵ Claiming you called opposing counsel when you did not, or fabricating a date and time, exposes you to prosecution and almost certain court sanctions.

Judges who work ex parte calendars see high volumes of these declarations and develop a sharp eye for vague or implausible ones. “Attempted to call several times,” without listing the numbers, times, and results, invites skepticism even when the statement is technically true. Document each step as it happens rather than reconstructing details from memory afterward.

Filing the Declaration on Time

The declaration must be in the court file before the judge hears the matter. Many courts require submission at or shortly before the hearing. If the declaration is not in the court’s hands when the case is called, the judge cannot confirm proper notice, and the application will likely be continued or denied. Individual Superior Court branches sometimes add local requirements to the statewide rule, so check the local rules for the courthouse where the hearing will be held.

1
Judicial Branch of California. California Rules of Court 3.1204 – Contents of Notice and Declaration Regarding Notice
2
Judicial Branch of California. California Rules of Court 3.1203 – Time of Notice to Other Parties
3
Judicial Branch of California. California Rules of Court 1.11 – Holiday Falling on a Saturday or Sunday
4
California Legislative Information. California Penal Code 118
5
Justia Law. California Penal Code 118-131 – Perjury and Subornation of Perjury