(a) Method of notice.
Notice of appearance at a hearing to request emergency orders may be given by telephone, in writing, or by voicemail message.
(b) Notice to parties.
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.
(1) Explanation for shorter notice
If a party provided notice of the request for emergency orders to all parties and their attorneys later than 10:00 a.m. the court day before the appearance, the party must request in a declaration regarding notice that the court approve the shortened notice. The party must provide facts in the declaration that show exceptional circumstances that justify the shorter notice.
(2) Explanation for waiver of notice (no notice)
A party may ask the court to waive notice to all parties and their attorneys of the request for emergency orders. To make the request, the party must file a written declaration signed under penalty of perjury that includes facts showing good cause not to give the notice. A judicial officer may approve a waiver of notice for good cause, which may include that:
(A) Giving notice would frustrate the purpose of the order;
(B) Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought;
(C) Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case;
(D) The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders; and
(E) The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome.
(c) Notice to the court.
The court may adopt a local rule requiring that the party provide additional notice to the court that he or she will be requesting emergency orders the next court day. The local rule must include a method by which the party may give notice to the court by telephone.
Rule 5.165 adopted effective January 1, 2013.