Editing Ex parte (section)

===State trial courts===

State courts vary in their use of ex parte proceedings (for example, in custody cases, [[replevin]] cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ''ex parte'' proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon showing of emergency need.<ref>[http://www.courts.ca.gov/rules.htm See California Rule of Court 3.1200, ''et seq'']</ref>  As most courts in these two states hold law and motion hearings in the early morning, this notice is typically confirmed by facsimile although oral notice may be effective.  Some courts in California have procedures to allow opponents to appear telephonically, while other courts do not allow any oral argument and only consider written papers.<ref>[http://www.courts.ca.gov/rules.htm See California Rule of Court 3.1213, ''Rule 3.1203. Time of notice to other parties.'']</ref> In California, the party who files an ''ex parte'' application must file a declaration showing compliance with these requirements, and no relief may be granted absent such declaration.<ref>California Rules of Court, Rule 3.1204</ref> In addition to the notice requirements, an ex parte application must contain an affirmative actual showing in a declaration based on personal knowledge of "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte".<ref>California Rules of Court, Rule 3.1202</ref>