Ex Parte Information

Honorable David C. Velasquez

Department CX-101
Civil Complex Center
751 West Santa Ana Blvd
P.O. Box 22028
Santa Ana, CA 92702-2028
(657) 622-5301

Ex Parte Information

• Ex parte applications are heard Monday through Friday at 1:30 p.m. Notice and service of an application shall be given as provided in Rules 3.1203-3.1206, California Rules of Court (CRC). The application must be filed no later than 10:00 a.m. on the day of the hearing, and may be filed either in the clerk’s office or directly in Department CX-101.
• Prior to giving notice moving party shall telephone Department CX-101 at (657) 622-5301 no later than noon of the court day before the matter is to be heard.
• All papers shall be electronically filed with the clerk of the court. Please reference the Complex Court Guidelines for further information.
• The court will attempt to issue a tentative ruling on the application as soon as practicable. If available, tentative rulings may be obtained from the clerk when the parties check-in with the clerk prior to the hearing. Because of the press of court business, the parties may have to wait before the hearing is called.

Law & Motion

• Law and Motion is heard every Thursday at 1:30 p.m., unless otherwise posted by the court. The court does not require parties to reserve a hearing date. However, occasionally the date sought by the filing party for the hearing of the motion is unavailable. If this occurs, the clerk’s office will notify the filing party at the time the motion is filed. It is suggested that the filing party have alternative dates in mind in case the initial date is unavailable.
• Tentative Rulings - The court does not issue internet rulings. Rather, the court follows the provisions of CRC, Rule 3.1308(b). However, as soon as they become available, tentative rulings may be obtained by telephone, in writing on the date of the hearing, or by e-mail if requested from the courtroom assistant at (657) 622-5301.
• Suggestions - The court finds tables of contents and tables of authorities very helpful for motions longer than 5 pages. Remember that tables of contents are a good way to preview the points you make in the motion and are part of your persuasive presentation. Please avoid footnotes. The court prefers the citation of authority immediately following the point stated in the memorandum.
• Succinctness is greatly appreciated. Please keep hyperbole to a minimum. Vitriol directed against opposing counsel may not be well received by the court. Conserve your pages for the heart of your argument rather than well-settled axiomatic points of law. Marking attachments and declarations with page dividers prominently stating the exhibit number or letter helps the court save time when looking for these items. Requests for judicial notice of court documents should be accompanied by copies of the documents.

Trial Exhibits

• Please be considerate of the work of the clerk in maintaining a record of your exhibits. If you have a question concerning how exhibits are handled, telephone the clerk. In addition to the requirements of Orange County Superior Court Rule 317, the court requires a joint exhibit list to be filed in the department the Friday before the trail date. Counsels are strongly urged to refer to the Complex Court Guidelines found elsewhere at this website.
• At the trial, the court will elicit a stipulation from the parties that the original exhibits will be returned to the party who offered them as soon as a verdict is received or the matter is submitted to the court for decision. The court is also equipped to receive in evidence and display to the jury, in the courtroom and jury room, exhibits in electronic form, i.e., on CD.

Revised 12/2009