If a party files an ex parte, is it common for the attorney to be the only declaration attached to the application?

Bankruptcy and Debt 2 views 3 answers
In the ex parte FL300, there is the attorney declaration and exhibits about 55 pages. Shouldn't the party submit a declaration in addition or does it matter?

Attorney Answers

3
Alexandra Lavinsky ·
If the declaration contains the requisite information necessary for the court and pursuant to the rules of court requiring a declaration of necessity, an attorney declaration could be sufficient. unfortunately, much more information is necessary in order to determine what is sufficient for an emergency in any given circumstance. There are specific rules of court and statutes regarding ex parte applications.
0 upvotes
Tobie Waxman ·
Ex Parte application for what relief? Whether the application needs a declaration from the party as well as his/her attorney depends in large part on what relief is being sought and whether the attorney's declaration and the attached exhibits provide the court with sufficient information to rule on the ex parte application. As you do not say what the motion is for, it's not possible to provide a more meaningful response to your question. Sorry.
0 upvotes

People Also Asked