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Ex-Parte Hearings

CIVIL Law & Motion Ex Parte Applications

As set forth in Local Rule 2.1.8, ex parte applications, ex parte oppositions, and all other ex parte filings in general civil actions must be submitted and filed in paper form, and cannot be electronically filed.

Hours

Ex parte applications in general civil actions and unlawful detainer actions are heard by the Civil Judge assigned to that civil case. The Department of each Civil Judge is available for ex parte applications two days per week at 1:30 p.m. Parties and their counsel must check the Court's website at http://www.sanmateo.courts.ca.gov/divisions/civil/civil-department-judges for the specific days of the week when ex partes are heard by the assigned Civil Judge. The parties must meet all requirements of CRC Rule 3.1200 et seq. Local Rule 3.500 (a).

Presiding Judge & Civil Temporary Restraining Order Information

Ex parte applications for all matters to be heard by the Presiding Judge, as set forth in Local Rule 3.2, and any petitions for Civil Harassment or Workplace Violence Temporary Restraining Orders pursuant to CCP Sections 527.6 or 527.8, shall be submitted and heard at 2:00 p.m. Monday through Friday in the Department of the Presiding Judge. Except for ex parte applications seeking Civil Harassment or Workplace Violence Temporary Restraining Orders, or where the ex parte applicant has previously been granted a fee waiver, the applicant shall pay the ex parte application filing fee to the Clerk of the Court, located in Room A on the first floor of the Hall of Justice in Redwood City, prior to presenting the ex parte application to the Presiding Judge. Ex parte applications and proof of payment must be received directly by the courtroom clerk for the Department of the Presiding Judge no later than 2:15 p.m. on the date of the ex parte hearing.

Payment of Fees

Payment of all ex parte motions and applications for stays of eviction fees shall be paid at the Civil Clerk's Office, Room A in the Hall of Justice for Redwood City cases.

 

Central Courthouse

For Central Branch cases, only payments in the form of checks will be accepted and will be submitted directly to the Courtroom Clerk.

The courtroom clerk will provide the parties with endorsed filed copies. For any approved Stay of Eviction orders, the defendant must post the rental money due for the Stay of Eviction with the Civil Clerk's Office in Redwood City on the same day that the Stay is approved. Once posted, the defendant will be directed to serve the Stay of Eviction Order to the San Mateo Sheriff's Office on the third floor of the Hall Justice.

Processing of Documents After Court

Parties returning from court will appear at the Civil Clerk's Office on the 1st floor of the Hall of Justice to have their motion, order, TRO, etc. filed (if the documents are not filed in the courtroom).

For any additional questions, you can email the civil clerk's office at civil_webmaster@sanmateocourt.org.

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Probate

NOTICE

Due to the current public health emergency, starting April 1, 2020, ex parte probate matters will be temporarily heard at 10am as part of the morning calendar.
Please provide your documents for conservatorships and guardianship only in advance by emailing: PCI@sanmateocourt.org.
For other ex parte matters please use: probate@sanmateocourt.org.
Thank you.

Hours

Between 1:30 p.m. and 3:30 p.m. Monday - Friday, all requests for temporary guardianships or conservatorships will be processed in the Probate investigator's Office on the 8th floor of the Hall of Justice. If ex-parte orders are being requested, the petition must be reviewed by a court investigator between the hours of 1:30 p.m. at 3:00 p.m. prior to presenting the Order to the Judge for approval. Petitioners are encouraged to make an appointment with the court investigator's office at (650) 2615068.

Payment of Fees

Payment of all fees for general Probate ex parte motions shall be paid at the Probate Clerk's Office Room A on the 1st floor of the Hall of Justice prior to going to the courtroom.

Processing of Documents After Court

Parties returning from having their Probate ex parte matter reviewed by the judicial officer will appear at the Probate Clerk's Office on the 1st floor of the Hall of Justice to have their documents filed and obtain certified copies, if required.

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Family Law

Because Family Law ex parte matters and Family Law TRO's do not require a court appearance, there will be no change in how Family Law ex partes or Family Law TRO's are processed after the reduction in clerk's office hours.

Ex Parte Application Fees

All parties are required to pay all applicable filing fees associated with filing Ex Parte Applications as required by law, unless the party has obtained a Fee Waiver.

Payment of Motion Fees

The filing fee for motions must be paid prior to the party going to the appropriate Department for review and determination of their Application. This fee is pursuant to Government Code §70617. Please refer to our fee schedule for the fee amount due.

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