Hi,

I need to fill out an ex parte request for a judge to sign an order. Although it's been discussed in court many times, motions have included insurance company letter detailing amounts, pay stubs have been filed and my ex has paid money in open court towards insurance for minor children, the District Attorney will not honor any of this unless the EXACT amount due from my ex husband is stated in a signed order. A clerk suggested that I file an ex parte request along with an order in the hopes that the Judge will review my file and sign the order. If he will not, we will have to start over and go back to court once again. I am unable to find an ex parte form that isn't specific to an order shortening time or for emergency custody issues. How to I properly file this?

Thanks for any help

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Originally Posted by Jilee

Hi,

I need to fill out an ex parte request for a judge to sign an order. Although it's been discussed in court many times, motions have included insurance company letter detailing amounts, pay stubs have been filed and my ex has paid money in open court towards insurance for minor children, the District Attorney will not honor any of this unless the EXACT amount due from my ex husband is stated in a signed order. A clerk suggested that I file an ex parte request along with an order in the hopes that the Judge will review my file and sign the order. If he will not, we will have to start over and go back to court once again. I am unable to find an ex parte form that isn't specific to an order shortening time or for emergency custody issues. How to I properly file this?

Thanks for any help

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I don't understand why you're trying to do this ex parte. Honestly, I don't think you're even able to do it that way. You can't request money for something without notifying the other party.

What exactly are you trying to achieve? Does your ex owe you money for medical bills for the children? Do you want him to obtain insurance for the children? You said it's "been discussed in court many times" but I don't know what it is that you're discussing.

While technically "ex parte" means no notice is being given to the opposition, in this case by ex parte I suspect the clerk really means some sort of motion which doesn't require a hearing. In some places courts won't do anything without a hearing.

Jilee, you are going to have to adapt elements of a form and make up your own. Maybe calling it "Ex parte motion for (whatever) With Notice to Opposing Counsel". Oxymoronic, admittedly, but for some pea-brained judges (who insist on a hearing for everything), the "moronic" is appropriate.

You might also want to move that your principal motion be decided on an expedited basis, so that the court doesn't have to wait the full 20 days (or whatever) for opposing counsel to file a response, and an additional period for you to file a reply to that response.