11JDCR 7.10

(a) Reasonable notice.

(1) Except as set forth below, the party requesting an ex parte order shall give reasonable notice to the opposing party.

(2) Reasonable notice includes the date, time, and place the request will be made.

(3) Reasonable notice must afford the opposing party 24 hours within which the application may be opposed.

(b) Notice exceptions.

(1) A party is excused from giving notice under subsection (a) of this rule where notice would frustrate the very purpose of the order or cause the party or child to suffer immediate and irreparable injury.

(2) Ex parte orders may be obtained without notice in the following circumstances:

(A) Where the order mutually restrains the parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community or separate, except in the usual course of business or for the necessities of life;

(B) Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance coverage, including life, health, automobile, and disability coverage;

(C) Where the order mutually restrains the parties from cashing, borrowing against, canceling, transferring, disposing of retirement benefits or pension plans for the benefit (or election for benefit) of the parties or their minor child;

(D) Where a person’s health, safety, or welfare is in imminent danger; or

(E) Where such other circumstances exist as the court may find to warrant the issuance of an order without notice.

(3) An ex parte motion for a restraining order granting temporary, exclusive possession of the community residence will be considered only in cases of extreme emergency, supported by an affidavit or declaration setting forth in detail facts establishing the existence of an emergency to the court’s satisfaction and why the other party could not or should not be heard before the court decides the motion.

(c) Automatic hearing.

(1) No hearing shall be held on an ex parte order entered under subsections (b)(2)(A), (B), and (C) of this rule.

(2) All other ex parte orders shall be heard within 10 days of their entry if the court can reasonably accommodate a hearing within 10 days or at the first date available for the court.

(3) The hearing date shall be stated in the ex parte order.

(4) The attorney filing the ex parte motion must appear at the hearing.

(5) This rule shall not apply to temporary orders for protection against domestic violence.