How to successfully oppose an ex parte application.

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How to Oppose an Ex Parte Application

I hate opposing ex parte applications.

I'm fine with the process if opposing counsel gives the required 24 hours notice, and I can file my opposition before the hearing and have it considered with the ex parte application. Far more often, however, even if opposing counsel provides the required notice, the basis for the request is so vague that I have no ability to prepare an opposition.

“Dear Judge:

Opposing counsel says he is seeking some unspecified relief regarding some unspecified discovery, and I really don't think you grant him whatever it is he wants.”

Depending on the schedule of the court and its filing requirements, it is often the case that I don't receive the application until late in the day the day before the hearing, with no opportunity to file an opposition until the morning of the hearing. Even if the court accepts electronic filings, affording me the opportunity to file my opposition the night before, it is usually the case that the papers will not work their way through the system prior to the hearing. Continue reading