CIVIL PROCEDURE - EX PARTE HUTSON
Ex parte Hutson, [Ms. 2140728, July 24, 2015] __ So. 3d __ (Ala. Civ. App. 2015). A party seeking an ex parte TRO must include both (1) an affidavit showing irreparable injury and “(2) the applicant’s attorney certifies to the court in writing the efforts, if any, which have been made to give the notice [to the opposing party] and the reasons supporting the claim that notice should not be required,” as required by Rule 65(b), Ala. R. Civ. P. Here, the ex-wife obtained ex parte relief against her former husband regarding custody of their children. She filed three ex parte motions without certificates of service, without serving them, and without the certification required by Rule 65(b)(2). The Court of Civil Appeals grants the father’s petition for mandamus, holding that the circuit court erred in granting ex parte relief on motions that did not comply with Rule 65(b).
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