Can a motion to set aside an ex parte be filed?

If you are not planning to move out by the eviction date in the order, then you must submit a “Motion to Set Aside an Ex Parte” at the Board. Please keep in mind these two things: 1. You have very little time to submit the Motion, and 2. The order may not tell you everything that your landlord said in their application.

How do I file for an ex parte hearing?

Acquire the court documents from the circuit court in your area. Go to the courthouse personally or obtain the documents electronically. Ask the court clerk for the ex parte motion documents. Go to a notary public. Complete an affidavit that states why you need an ex parte hearing, rather than a traditional hearing.

Can a landlord file an ex parte without notice?

TIP FOR TENANTS: “Ex Parte” means without notice. A section 78 clause provides that if you do not comply with the agreement or order, then your landlord can file an application at the Board to evict you without giving you any notice of the application. In all four situations your landlord must file an application at the Board.

What to do if your request for ex parte is denied?

If your request for an ex parte hearing has been approved, you must obtain a copy of the order from the clerk. If your request for the ex parte hearing has been denied, a typical hearing will be scheduled. Appear at court on the hearing date. Samantha Kemp is a lawyer for a general practice firm.

How to ask for a stay of eviction?

Request a stay of eviction application form from your local county court Clerk’s Office. Your application will state the facts of your eviction, and what steps you have taken since your landlord served you with an eviction notice. File the completed stay of eviction application form in the Clerk’s Office. Once the form is on file, the Clerk with notify you of the date and time of your hearing before the judge.

What is a motion to stay execution?

A motion to stay execution could be used to stop an actual execution. In law, a motion to stay is a request to temporarily stop a case or halt proceedings.

How long does an eviction stay in California?

Whether a tenant has not paid rent or is violating the lease agreement in some other way, a landlord can expect the eviction process to last about 30 to 45 days, according to California law. The time frame depends a lot on the circumstances of the eviction as well as the court’s schedule.

What is a motion for stay of judgment?

In law, a motion to stay is a request to temporarily stop a case or halt proceedings. A motion to stay capital execution may be used in controversial death penalty cases to allow a condemned prisoner more time to appeal the judgment.