Emergency Motion / Ex Parte Application
An urgent motion requesting immediate court action — used when waiting for a regularly noticed hearing would cause irreparable harm.
Overview
An Emergency Motion (also called Ex Parte Application or Emergency Application) asks the court for immediate relief without the normal notice period required for regular motions. In foreclosure cases, emergency motions are filed when: a foreclosure sale is imminent (days or hours away), the lender has locked you out of the property without legal authority, the lender has shut off utilities illegally, or other time-sensitive circumstances where waiting 2-3 weeks for a regularly noticed hearing would result in irreparable harm. Emergency motions require a heightened showing: the emergency must be genuine, the moving party must demonstrate that they gave (or attempted to give) notice to the opposing party, and the relief sought must be narrowly tailored to address the emergency.
Purpose
- •Obtain immediate court relief when a foreclosure sale is days or hours away
- •Seek an emergency order to stop an illegal lockout or utility shutoff
- •Request immediate relief when circumstances prevent normal notice
- •Preserve the status quo until a regularly noticed motion can be heard
- •Prevent irreparable harm while normal court processes are followed
When to File
File when there is a genuine emergency that cannot wait for a regularly noticed hearing. Courts have different procedures for emergency matters — some have 24-hour emergency judge coverage, others require filing during business hours. Call the court clerk before filing to understand the specific procedures.
Timeline
Emergency motions are heard within 24-48 hours (often same day). The court may grant temporary relief pending a full hearing (typically scheduled within 7-14 days). The moving party must be prepared to post a bond. Emergency relief is temporary — it bridges the gap until a full hearing can be held.
Key Elements & Requirements
Emergency designation: Clearly marked EMERGENCY / EX PARTE / URGENT on the first page
Declaration re: Notice: Detailed description of what notice was given to the opposing party and when — including attempts if notice was not possible
Declaration re: Emergency: Specific facts showing why waiting for a regular hearing would result in irreparable harm
The underlying motion: The substantive relief sought (TRO, stay, injunction)
Proposed order: Immediately signable order providing the specific relief needed
Supporting evidence: Documents, declarations, photographs supporting the emergency
Legal Standard
Under FRCP 65(b) (for TROs without notice), the movant must show: (1) specific facts in an affidavit or verified complaint demonstrating immediate and irreparable injury, and (2) certification of efforts made to give notice and reasons why notice should not be required. State courts have similar requirements. The key is demonstrating that the emergency is real, not manufactured by delay, and that notice was attempted in good faith.
Strategy & Tips
Call opposing counsel BEFORE filing — even if it's late at night, leave a voicemail and email. Document every attempt to give notice. The court will ask: 'What notice did you give?' If you didn't try to notify the other side, your emergency motion will likely be denied or continued. Prepare your papers thoroughly — an emergency motion that is denied because it was hastily prepared may prejudice your ability to obtain the same relief on a regular motion later.
Court Filing Information
Where to File
The court where the case is pending. Call the clerk to determine the specific procedure for emergency filings.
Fees
Standard motion filing fee. Bond: May be required (amount set by court).
Format
Standard motion format with EMERGENCY designation. Include declarations re notice and emergency.
Copies Required
Original to court + copy to opposing counsel (serve immediately) + your copy. In true emergencies, the court may accept filing without prior service if service is made immediately after.
Frequently Asked Questions
What counts as a genuine emergency for an emergency motion?+
A genuine emergency means circumstances that would cause irreparable harm if you waited for a regularly noticed hearing: a foreclosure sale scheduled in hours/days, an illegal lockout leaving you homeless, utilities being shut off in extreme weather. The emergency must not be of your own making — if the sale has been scheduled for months and you waited until 2 hours before to file, the court will likely view the 'emergency' as a result of your delay.
Can I file an emergency motion without an attorney?+
Yes, but it is very difficult. Emergency procedures are technical and vary by court. You must know exactly what to file, where to file it, and how to get it before a judge. At minimum, call the court clerk and ask: (1) what is the procedure for emergency/ex parte matters, (2) what forms are required, and (3) which department or judge handles emergencies. Some courts have self-help centers that can assist with emergency filings.
Need These Documents Prepared?
Our legal document preparation team handles every document with precision. Free case review.
Available Monday–Friday · 10:00 AM – 6:00 PM Pacific
Get Your Free Full Case Review
Tell us about your situation — our senior legal team will review every detail and contact you within 24 hours with a tailored plan. No obligation. 100% confidential.
Submit Your Information
Tell us about your situation in complete confidence.
Case Analysis
Our legal team reviews your documents and foreclosure status.
Receive Your Strategy
We outline your best options and recommended path forward.
We Get to Work
Your dedicated team begins protecting your home and rights.