What must the moving party certify in a application for an ex parte restraining order?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

In an application for an ex parte restraining order, the moving party must certify that they have made attempts to give notice to the other party. This requirement is in place to ensure fairness and due process, as the court often prefers that both parties are informed of the proceedings whenever possible. However, due to the urgent nature of the situation that necessitates an ex parte order, the moving party may sometimes be unable to provide notice beforehand, which is why they must detail their efforts in the application. This certification allows the court to understand the circumstances surrounding the request, particularly why immediate relief is necessary without conventional notice to the other party.

The other options do not align with the specific requirements for ex parte applications. While consulting legal advice or contacting the police may be prudent actions in some situations, they are not mandated certifications for ex parte restraining orders. Moreover, being in possession of all evidence related to the dispute does not directly relate to the need for notice and is not a certification requirement in the same way. Therefore, the focus on the notice requirement is crucial for maintaining a balance between swift legal protection and respecting the rights of the opposing party.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy