Cal. Rules of Court, rule 3.1204 · Chapter 4. Ex Parte Applications
Contents of notice and declaration regarding notice
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Contents of notice
When notice of an ex parte application is given, the person giving notice must:
(1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and
(2) Attempt to determine whether the opposing party will appear to oppose the application.
(b) Declaration regarding notice
An ex parte application must be accompanied by a declaration regarding notice stating:
(1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made;
(2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or
(3) That, for reasons specified, the applicant should not be required to inform the opposing party.
(c) Explanation for shorter notice
If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain:
(1) The exceptional circumstances that justify the shorter notice; or
(2) In unlawful detainer proceedings, why the notice given is reasonable.
Notes and commentary — not rule text
History
Rule 3.1204 adopted effective January 1, 2007.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1204
- Text hash
- sha256 f3aab03a9c8790ef13fe22c6d93028a7f442583d2b77e76132091f5c7cb7279a
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
BenchPath cards that rely on this text
- Del Norte County Superior Court Local Rules (effective January 1, 2012) — Chapter 7: General Civil Law Rules
- Fresno County Superior Court — Civil Information & Frequently Asked Questions
- Nevada County Superior Court Rules of Court (effective January 1, 1997; updated July 1, 2026) — Chapter 7: Criminal Law Rules
- Tehama County Superior Court Local Rules of Court (revised January 1, 2026) — Section 1: General Rules
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
California Rules of Court
Cited by 3 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 3.1204. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 3.1201Required documentsPrinted as rule 3.1204
- Cal. Rules of Court, rule 7.1012The good cause exception to notice of the hearing on a petition for appointment of a temporary guardianPrinted as rule 3.1204(b)
- Cal. Rules of Court, rule 7.1062The good cause exception to notice of the hearing on a petition for appointment of a temporary conservatorPrinted as rule 3.1204(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.