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Ex parte procedures for Probate and Civil Mental Health, effective October 1, 2024 (Estate, Trust, Conservatorship (general and limited), LPS Conservatorship, and Guardianship matters, heard as of 8/15/2024 in Departments 11A and 7C): California Rules of Court, rule 3.1200 et seq., except as provided; ex parte applications decided on written submissions as non-appearance matters unless the court sets a hearing; the applicant specifying the date on which the court's ruling is requested, and the Notice of Ex Parte Request (Local Form SJPR/MH-008) filed and served with the application; the application and supporting documents filed and served no later than 10:00 a.m. on the court day before that date, absent exceptional circumstances, with the Declaration Re: Notice of Ex Parte Application (Local form SJPR/MH-006); a written opposition filed and served no later than 10:00 a.m. on the requested date (the optional Opposition to Ex Parte Application, Local Form SJPR/MH-010); these steps not applying to the applications listed in Local Rule 4-106A; the filing fee paid before the court reviews the matter; petitions for a temporary conservator (General or LPS) or guardian set on a minimum of five (5) days' notice (Probate Code section 2250(e) and 2250.2 through 2250.6), shorter notice only by ex parte application showing exigent circumstances; and nunc pro tunc orders by ex parte application with the Order Nunc Pro Tunc Correcting Order (Local Form SJPR/MH-009).
California > Third Appellate District > San Joaquin County > Superior Court of California, County of San Joaquin
EX PARTE PROCEDURES FOR PROBATE & CIVIL MENTAL HEALTH EFFECTIVE OCTOBER 1, 2024 The following ex parte procedures apply to Probate and Civil Mental Health. These matters are currently (as of 8/15/2024) heard in Departments 11A and & 7C respectively, and include, but are not limited to Estate, Trust, Conservatorship (general and limited), LPS Conservatorship, and Guardianship matters. A. A party filing or opposing an ex parte application must follow California Rules of Court, rule 3.1200 et seq., except as provided below. B. Ex parte applications in Probate and Civil Mental Health are non-appearance matters and are decided on written submissions unless the court, in its discretion, sets a hearing for a later date. C. A party filing an ex parte application must specify a date on which the court’s ruling is requested. Notice of Ex Parte Request Local Form SJPR/MH-008 shall be filed and served with the ex parte application. D. The applicant shall file and serve the ex parte application and supporting documents no later than 10:00 a.m. on the court day before the date on which the court’s ruling is requested, absent a showing of exceptional circumstances that justify a shorter time frame. Declaration Re: Notice of Ex Parte Application Local form SJPR/MH-006 must be used and filed with the ex parte application. E. Any party opposing the application must file and serve a written opposition no later than 10:00 a.m. on the date on which the court’s ruling is requested. If e-filing, you should choose “Opposition to Ex Parte Application” for your document title. [An optional Opposition to Ex Parte Application Local Form SJPR/MH-010 is available to use on the Court’s website.] F. Subdivisions (A) – (E) above, do not apply to Ex Parte Applications listed in Local Rule 4-106A. G. A party must pay the filing fee before the court will review the ex parte matter. H. A petition for appointment of a temporary conservator (General or LPS) or guardian, absent exigent circumstances, shall be set for hearing based on the Courts availability, but the Court will require a minimum of five (5) days’ notice (Probate Code section 2250(e) and 2250.2 through 2250.6). A petitioner seeking a hearing on less than five (5) days’ notice must file an ex parte application and show that exigent circumstances exist that require an earlier hearing. I. An application for a nunc pro tunc order may be presented by filing an ex parte application and by using Order Nunc Pro Tunc Correcting Order Local Form SJPR/MH-009.
EX PARTE PROCEDURES FOR PROBATE & CIVIL MENTAL HEALTH EFFECTIVE OCTOBER 1, 2024 The following ex parte procedures apply to Probate and Civil Mental Health. These matters are currently (as of 8/15/2024) heard in Departments 11A and & 7C respectively, and include, but are not limited to Estate, Trust, Conservatorship (general and limited), LPS Conservatorship, and Guardianship matters. A. A party fi
Reviewer note: Composed 2026-10-10 (California T4 San Joaquin build 2026-10-10) from BenchPath custody ca/t4/ca-san-joaquin/docs/2026-03/Ex-Parte-Procedures_compliant.pdf (67399 bytes, sha256 a7c918fe609fcc7d276894efb959a684abc0ffb88fe4d4a3568b4bf381e4338c; 2 pages; a printed text layer) with the shared verbatim composer (v2 reflow): no chrome and no fixes; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Review note: The procedures say the matters are heard "as of 8/15/2024" in Departments 11A and 7C - part of the Rule 4 Part One review task (the Probate Department moved to Lodi, Department L2, on February 3, 2025). Paragraph F exempts the "Ex Parte Applications listed in Local Rule 4-106A"; Rule 4-106 lists the exempt applications in D. Carried as printed: "Departments 11A and & 7C" and "the Courts availability".
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
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2 verbatim requirements on divisional requirements in NATASHA DEPRIMO's division.