Ex Parte via the Clerk
Ex Parte via the Clerk is a function of the Superior Court Clerk's Office, which is also known as the Department of Judicial Administration. If you have any questions about e-filing, the status of a submitted order, fees, or general information about the Ex Parte using the Clerk process, please contact the Clerk's Office by phone or email:
Generally, if the case is unopposed, including:
- Any agreed order or any order that does not require notice to any other party
- Interested person or entity
- Does not require the approval of the assigned judge
- Is not reserved to any other calendar by any statute, court rule or court order
For detailed information on which orders may be presented in person or via the Clerk, please refer to the list of Clerk Ex Parte matters. The Clerk’s office will follow the Local Rules and this master list to determine if your matter may be heard with or without oral argument.
Orders to Show Cause
All Motions for Show Cause shall be presented Ex Parte via the Clerk. Prior to submitting the Show Cause motion, parties must first reserve an available date on the Ex Parte Scheduling Website. A copy of the email confirming your reserved hearing date must be included in the Ex Parte via the Clerk submission. If the return hearing is before the assigned trial court, the moving party shall obtain a date for such hearing from the staff of the assigned trial court before filing (LCR 7(b)(9)). For all cases where the return on the order to show cause is to a calendar, rather than before the assigned judge, the moving party shall select the return date and state the calendar in the proposed order (LCR 7(b)(3) and LFLR 5).
Orders Waiving Filing Fees
In Forma Pauperis Motions, where the party is attempting to seek a waiver of the initial filing fee, are sent to the Ex Parte and Probate Department. Forms and instructions for these waivers are available from the Clerk's Office.
How to start new cases with fee waiver applications (707KB)
Unopposed matters, including any agreed order or any order that does not require notice and does not require the approval of the assigned judge and is not reserved to any other calendar by any statute, court rule or court order may be presented Ex Parte via the Clerk.
Order on Motion for Default
Motions for default orders and default judgments shall be presented Ex Parte via the Clerk, unless any defendant has appeared in the matter, in which case it shall be noted before the assigned judge, or if no judge has been assigned to the Respective Chief Judge in accordance with LFLR 5, LCR 7 and LGR 29(h). Click HERE for instructions for noting default family law motions which require notice.
Use Ex Parte via the Clerk to submit Guardian ad Litem for new Guardianships/Petitions for Appointment of Title 11.
How to start new cases with fee waiver applications for "public pay" cases (707KB)
Any matter which does not require notice (e.g. certain periodic reports, approval of bond) shall be submitted Ex Parte via the Clerk. Probates with wills must have the original will delivered or mailed to the Clerk for delivery to the Commissioner contemporaneous to the Petition. Those matters which do not require notice shall be presented Ex Parte via the Clerk.
The court case file is not reviewed. All supporting documents necessary for the Court to decide the issue must be provided, including but not limited to copies of all documents (e.g., Affidavits of Service) that are referenced in the proposed order. Optional: Use the Ex Parte Information Sheet if you want to bring to the Court's attention specific information. This document will be filed into the case file.