Emergency filing — Step 3 of 6

Did you notify the other party?

California courts require notice to the opposing party before an ex parte hearing, unless giving notice would be impossible, unsafe, or defeat the purpose of the order. Your answer here becomes part of the FL-305 declaration.

Notice
Legal requirement

Notice is required — absence must be explained.

California Rules of Court 5.151 requires that you give the other party at least 24-hour notice of the ex parte application and hearing, or explain why that notice was impossible or would result in immediate harm.

Judges read notice declarations carefully. A vague explanation ("I couldn't reach them") will not satisfy the requirement. Document the specific steps you took and exactly why full notice was impractical.

Courts require an explanation — whether notice was given or not. If you gave notice, document how and when. If you didn't, explain specifically why it was impossible, impractical, or would have put someone at risk.
Notice details

Document what happened.

Be specific: dates, times, methods, responses. "I called but got no answer" is not sufficient — describe the full picture.
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