Temporary emergency (ex parte) orders: notice to other parties
1 court day before date the emergency request will be considered by the court, under Cal. Rules of Court, rule 5.165(b).
Rule text
A party seeking emergency orders under this chapter must give notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is to be considered by the court. After providing notice, each party must be served with the documents requesting emergency orders as described in rule 5.167 or as required by local rule. This rule does not apply to a party seeking emergency orders under the Domestic Violence Prevention Act.
Calculate this deadline
- Trigger (Date the emergency request will be considered by the court): Friday, November 6, 2026.
- Count back 1 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, November 5, 2026.
Cal. Rules of Court, rule 5.165(b)
A party seeking emergency orders under this chapter must give notice to all parties or their attorneys so that it is received no later than 10:00 a.m. on the court day before the matter is to be considered by the court. After providing notice, each party must be served with the documents requesting emergency orders as described in rule 5.167 or as required by local rule. This rule does not apply to a party seeking emergency orders under the Domestic Violence Prevention Act.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Notice must be RECEIVED by 10:00 a.m. the court day before. Shorter notice requires a declaration showing exceptional circumstances (5.165). Does not apply to DVPA requests. Local rules may add court-notice requirements and filing cut-offs.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the emergency request will be considered by the court on Monday, March 15, 2027, personal service: due Friday, March 12, 2027, 10:00.
- Trigger (Date the emergency request will be considered by the court): Monday, March 15, 2027.
- Count back 1 court days (Saturdays, Sundays, and court holidays are not counted): Friday, March 12, 2027.
Notes
Notice must be RECEIVED by 10:00 a.m. the court day before. Shorter notice requires a declaration showing exceptional circumstances (5.165). Does not apply to DVPA requests. Local rules may add court-notice requirements and filing cut-offs.
Related deadlines
- Request for order (FL-300): serve and file moving papers before hearing (16 court days before)
- Responsive declaration to RFO (FL-320): file and serve before hearing (9 court days before)
- Reply declaration to responsive declaration: file and serve before hearing (5 court days before)
- Proof of service of RFO: file before hearing (5 court days before)
- Written objections to declarations (RFO hearing) (2 court days before)
- Order after hearing: prepare and serve proposed order (10 days after)
- Order after hearing: other party approves or objects (20 days after)
- Order after hearing: submit to court without approval (25 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.