Rule 5.167. Service of application; temporary restraining orders
Cal. Rules of Court, rule 5.167
Current text effective January 1, 2013.
#(a) Service of documents requesting emergency orders
A party seeking emergency orders and a party providing written opposition must serve the papers on the other party or on the other party's attorney at the first reasonable opportunity before the hearing. Absent exceptional circumstances, no hearing may be conducted unless such service has been made. The court may waive this requirement in extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party before the hearing. This rule does not apply in cases filed under the Domestic Violence Prevention Act.
#(b) Service of temporary emergency orders
If the judicial officer signs the applicant's proposed emergency orders, the applicant must obtain and have the conformed copy of the orders personally served on all parties.
#History
Rule 5.167 adopted effective January 1, 2013.
What this rule requires
Service and Proof of Service Rules
A party seeking emergency orders and a party providing written opposition must serve the papers on the other party or on the other party's attorney at the first reasonable opportunity before the hearing.
Absent exceptional circumstances, no hearing may be conducted unless such service has been made.
The court may waive this requirement in extraordinary circumstances if good cause is shown that imminent harm is likely if documents are provided to the other party before the hearing.
If the judicial officer signs the applicant's proposed emergency orders, the applicant must obtain and have the conformed copy of the orders personally served on all parties.
Official text: courts.ca.gov , checked October 19, 2026.