An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. If it was to have any influence, it must be a pernicious one, because founded on ex parte testimony. In the event of an application in terms of Section 36 (2), with a letter of permission to rescind, and with waiver of notice, the application can be regarded as an ex-parte application. Sample ex parte application to dismiss complaint in california 1. This sample ex parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. "���H�w"����w̤ھ�� �P�^����O֛���;��aYՠ؛`G�kxm��PY�[��g Gΰino�/"f3��\�ȾT��I S����������W����Y ig�@��X6_�]7~ These forms can be located online through the California Courts Self-Help Center website (see Resources). 2. Many attorneys use the words “application of” instead of ex parte, and follow it with the name of the person asking for the hearing. The sample includes the n…, 57% found this document useful (21 votes), 57% found this document useful, Mark this document as useful, 43% found this document not useful, Mark this document as not useful, Save Sample Ex-Parte Motion for California For Later, Uupbrair Eiurt ij tgb Utdtb ij Ed`ajirmad. Fam. See, for example, Schlesinger v Schlesinger 1979 (4) SA 342 (W) at 348D - 350B. ... For example: There is an immediate risk that your partner will seriously harm you or your children, and serving your partner could result in serious consequences. tgb dttbr !dm "b gbdr#, $m Lb%t. Sample Motion for Attorney Fees Under Civil Code section 1717 in California. 4. Menu. An ex parte application is an application which is brought without service of launching documents to the respondents or affected parties. However, your request for ex parte relief may be filed as a pleading separate from the underlying suit. The most secure digital platform to get legally binding, electronically signed documents in just a few seconds. Draft the order so it is ready for the judge's signature. If you are required to give notice, notice must be given before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24 hours. This Standard Document contains integrated notes with important explanations and tips for drafting the declaration's caption, the body of the declaration, the signature block, and attaching exhibits. Your partner says they plan on leaving the country with your children and not bring them back, and serving your partner could result in serious consequences. x4. brought ex pane. Title: main-form-c1.pdf Author: DoJ Subject: Form C I: SUBPOENA IN TERMS OF SECTION 9\(2\) OF THE MAINTENANCE Created Date: 20100913145023Z Most forms used in the Supreme Court are found in the CIVIL PROCEDURE RULES >>. ��� N _rels/.rels �(� ���JA���a�}7� Rule 6(12) (c) of the Court provides that a “person against whom an order was granted in his absence in an urgent application may by notice set down the matter for reconsideration of the order.” 6�i���D�_���, � ���|u�Z^t٢yǯ;!Y,}{�C��/h> �� PK ! PK ! more than one thing in your application. Response to Application for Dispute Resolution Exemption: N/A: QB022: 4.16(1) Download: Master's Endorsement Form: N/A: QB155: N/A: Download: Without Notice Desk Application: N/A: QB156: N/A: Download: Civil Enforcement Forms File Num ID Rule Type; Financial Statement of Debtor (Corporate Debtor) Form 14: CR11401: Download: Financial Statement of Debtor (Individual Debtor) Form 13: … Note that the author is NOT an attorney and no guarantee or warranty is provided. Also a motion for a TRO can be heard and rendered by a district judge, county judge or an associate judge. The " ex parte" application represents a departure from this rule. This case centres around the strict requirements of an ex parte application, which is an application brought by an applicant without notice to a respondent. These actions were addressed in the famous federal court case of " Ex parte Merryman ". This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. Ex parte definition is - on or from one side or party only —used of legal proceedings. Select Ex Parte for the document type when e-Filing. mv Rizcun Trader v Manley Appledore Shipping Ltd 2000 (3) SA 776 (C) at 793I – 794E 52; Ex parte Bishop of Exetey, io C.B. (f) If the respondent does apply to set aside or vary the order the court must list the application as a matter of urgency within a matter of days at most. Ex Parte Orders for property – this means getting your spouse to stop dissipating family asset or money because he/she knows a court case is looming. The party filing a motion for emergency or ex-parte relief must show that immediate and irreparable harm will be done to a party, the children or the marital estate before the other party can be heard on the issue. IV. Procedure The first step in requesting ex parte relief is to file the underlying suit (SAPCR, divorce, protective order). Dated: May 5, 2009 PACHULSKI STANG ZIEHL & JONES LLP By /s/ John D. Fiero John D. Fiero Kenneth H. Brown Miriam P. Khatiblou Teddy M. Kapur Attorneys for Heller Ehrman LLP, Debtor and … Sample Ex-Parte Application for Relief From Waiver of Jury Trial for California. It should be enrolled with five days notice to the Clerk of the court, in terms of Rule 55(1) (f). [15] Rule 6(4) of the uniform rules of this court states that" 6(4)(a) Every application brought ex parte (whether by way of petition or the party makes a motion in an ex parte application; (c) the other party is disentitled to notice under Rule 31 - Notice; (d) legislation or these Rules permit the motion to be made ex parte; (e) there are circumstances of sufficient gravity to justify making a motion without notice, for which examples are listed in Rule 22.03(2). In situations of extreme urgency, a woman may be able to bring an ex parte motion. Have the Consent Order signed by a Judge: If your court file is in Edmonton, there are special instructions at the end of this document. See our booklet “Making an Ex Parte (Without Notice)Application in the Court of Queen’s Bench” for more information about how to prepare, file and serve court forms and how to present your case in court. This form … The sample on which this preview is based is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration in support of the exparte application, sample declaration regarding exparte notice and an order granting the exparte application to dismiss the complaint. The bottom line is unless there is a true emergency situation of danger or destruction of property it is unlikely that emergency or ex-parte relief will be granted. You must explain below): This is an application for Domestic Violence Prevention Act (DVPA) restraining orders. What you should put on your Form S2 depends on which reason your landlord used when filing the Ex Parte application. For more information please refer to Superior Court of California, County of Santa Clara Local Rules 5 A & B and California State Rules, Rules 5.151, 5.165, 5.167, and 5.170. Filing an Ex Parte Application. brought ex pane. Without the underlying suit, the ex parte relief cannot be sought. D)tgir$t$bs $m s)%%irt tgbrbij, tgb j$(bs dm# rb!ir#s ij tg$s !dsb, tgb, dm# Bg$"$ts dttd!gb# tgbrbti, dm# s)!g itgbr dm# j)rtgbr ird( dm# #i! Examples from Classical Literature It was an ex parte judgment which a look at the other fellow might have modified. Fill out, securely sign, print or email your example of california ex parte application california instantly with SignNow. Regular price $19.99. For family law forms used in the Supreme Court siting in the communities outside the Halifax Regional Municipality and outside of Cape Breton, go to PART 13 - RULE 62, CIVIL PROCEDURE RULES >>. case where ex parte orders or emergency orders are requested. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. These orders are called ex parte orders. This allows the court to expedite that filing. For example, California has different ex parte applications for domestic issues, guardianship, property and other civil cases. Call LawAccess NSW 1300 888 529. Description: This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. STATE OF HAWAI`I . handled via ex parte hearings. *�^F r� word/document.xml�}�r�����q�A��8w&�m�{�� �ٸ�b������_'���^�O,YI�D�G"yI&V�#N��H�����!+�0bxQ`$6�������_�����Ō����|�#1U���ՕgW�x� ٫�(��(2I��8de�+1��p����9+�\cQ�1�|)J��#�-��a�9�p�� �Mf�a���$\k }���r���ҿ!���f^��e x�+��Q���|�����:H�C�X�x���l�n���l�1R�4�U�Ɍ��0�PcD.�� �}+����9l���L��Y|�K�= �wt;Sf�&���6D�� �*�&E&n�Y��F�-��C�QI!V���Gx��Z`f�?o�"3|K\������9��5j�w�J>�)Sh�V�/IV��l��}�̎����2�����$���lx�\2���(�$����B�a�$n2�1��(R}[R�-UEA��ی�"���\]OiA���N��'����G ��Q�բ����# -��P�����4eL�_���w�N�D"���2�0�/�����ZI�kfDE#��!��Be�!��X����5a�P�@#u��G���W���OL�G��q�Y�tHz^�sf؞K��JK6qCT��z��K ��>�[�9� �{qN0mIH�D�2;g$F�|�T�bKűgf�� ��?����[\�[s;���Z����'a+������|�����}OL�9]�j��~����8gH ]�:�����+ �� PK ! Urgent Ex Parte Applications There may be a need to seek that the orders be made ex parte (in the absence of the other party). 4. File the completed form in the court where the case is being heard, and pay the appropriate filing fee, if any. Albie s Foods responded by filing a request for ex parte reexamination. If you are unclear which form to use, go to the court clerk's office and they can help you. This is an example of a completed form 41 affidavit for substituted service. This form is required in Santa Clara County, if you are asking the Judge to make immediate orders without the other party being present for a hearing. For example, there are separate ex parte forms for domestic issues and civil issues. FM-1013 REV 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 3 of 3 INSTRUCTIONS . An Ex Parte Motion is a motion for the benefit of one side without other being present, ex parte. You can bring an ex parte motion only in very few situations. COMMON REQUISITIONS CODES (EX-PARTE APPLICATION) Code Order/rule Application Requisition / Directions or Remarks Reference 4.1 Order 4 Consolidation of proceedings Two actions cannot be consolidated where the Plaintiff in one action is the same person as the Defendant in another action, unless one action can be ordered The Latin term ex parte is used in law to refer to court proceedings for the benefit of one party to a controversy, without the other being present. Justice Home; About Justice; Media ＆ news; Forms, fees ＆ fines; Publications ＆ research; Contact Justice; LawAccess NSW Need legal help? Sample Ex Parte Application to Shorten Time for hearing in California. So, there’s only one party that is present before the court and seeking something and the other side is not there the other side has no knowledge that there is a motion the other side has no notice … that’s an Ex Parte … Before the Court is Plaintiff’s ex parte application for a temporary restraining order (“TRO”) freezing assets, prohibiting the destruction of documents, granting expedited discovery and requiring an accounting seeking to halt Defendants’ violations of federal securities law. In a case name, ex parte signifies that the suit was initiated by the person whose name follows the term. An ex parte application is an application which is brought without service of launching documents to the respondents or affected parties. The sample includes the notice and ex-parte application, a sample declaration and declaration regarding notice, and a proposed order. Regular price $19.99. JOHN DOE, Plaintiff, vs. RICHARD ROE, Defendant. ))))) DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS. Application, and enter the accompanying [Proposed] Order Granting Ex Parte Application To File Under Seal the Confidential Agreement Regarding Fees and Costs and Mutual Release filed and served herewith. plaintiff’s ex parte motion to set aside and revoke [redacted] ruling [ccp §473(d)] due to defendant’s failure to serve notice of the hearing on plaintiff, or alternatively an order shortening time or postponing trial date for the same to be heard on noticed motion; declaration by plaintiff’s attorney in support thereof; memorandum of points Done by, for, or on the application of one party alone. Page 2 of 2. The author is an entrepreneur and … For example, you may want to get further documents and an order requiring a party to attend an examination for discovery. Description of Each Document 1) Ex Parte Application The ex parte application explains to the Court what you are asking the Court to do and why the Other: On Date at Time I faxed the papers, including the Ex Parte Application and Proposed Order to Name of Person Notified at the fax number (Area Code) Phone-Number. Some courts have one form, while others have separate forms for the type of case. Ex parte Ward, 173 U For example, the issue of division of matrimonial assets (involving the former husband and wife) would be an inter partes action, whereas applying to the court for a Grant of Probate (involving the executor only) would come under an ex parte application. Obtaining Ex Parte Relief A. A sample declaration that may be used to support an ex parte motion (typically called an ex parte application) filed in an unlimited civil action in California superior court. For example, Ex parte Williams means that the case was brought on Williams's request alone. It must spell out that the person against whom the ex parte order is made – the respondent is entitled without waiting for the return day (e.g.19 June) to apply to set aside or vary the order. The facts of the case: On 10 December 2014, SARS obtained an ex parte and in camera provisional preservation order in terms of Section 162 of the Act against the respondent. Back to Top. C��-��F���))�GJ-/@2��;�H�.49��d9��h4��_��jF�,%f�9��v��kk!JO��%(������L�j��$v���_�З%7�j�1ג6�[ɻï�7؏�g!���ԏ�|w'8<>��Lit�l��g|�8$��`���ۏ�M:�&�z���+0�um�1 !���Ц|I�Bᒭ��D���Q܆���� ���nF/�I������/�&� nB��#��CH�a��@~@�_ �� PK ! The order was granted pursuant an ex parte application by the Respondents in this application, (the Applicants in the main eviction application) on 6 August 2014. [SAMPLE: proposed order with Ex Parte Motion] [REMINDER: maintain 3” margin at the top of first page (does not apply to “Atty Info Block”)] IN THE CIRCUIT COURT OF THE FIRST CIRCUIT . For example, Ex parte Williams means that the case was brought on Williams's request alone. Dictionary ! The hearing should only be held " ex parte" as necessary. Available for PC, iOS and Android. It is not necessary to file the request or application for ex parte relief as a separate pleading. INSTRUCTIONS Please refer to Superior Court of California, County of Santa Clara Local Rule 5B for more information . ... A sample of each document is included in this packet. Ex-parte emergency motions are not liberally granted and many are denied because the moving party does not follow the proper legal and procedural rules. Ex parte applications should be used only if there is a genuine emergency. For example, there are separate ex parte forms for domestic issues and civil issues. However, you may apply for an ex parte “order shortening time,” to permit you to file and serve a motion to continue trial with less than 16 days’ … Fill in the Ex Parte Form Fill in the complete names of the parties and the date that you will be bringing this to court. ?�qt � word/_rels/document.xml.rels �(� ��MO�0��H��*w�u��к] iW✥N[�$U���d+k;�e�\*�Q�>}�������/0��*%I(��R�)y_�\ݓ�"S����l�����b� EX PARTE MOTION AND ORDER FOR AN ORDER SHORTENING TIME (ALSO KNOWN AS AN “OST”) EXPLANATION OF AN ORDER SHORTENING TIME By local court rule, a motion cannot be heard in less than 21 days from the day that it is filed unless the Court “shortens” the waiting time for the hearing. Notice of the application was not given for the reason(s) indicated below: Notice of the ex parte application would frustrate the purpose of the order sought for the following reason(s): Applicant would suffer immediate and irreparable harm before the matter can be heard on notice. Ex parte means that no other party is being served with the application, and the application is made to the court only. You can also attach a draft of the order you are seeking. The Application, Notice of Motion and Affidavit you filed may be reviewed by a Judge in their Office and based on that review the Judge may accept or reject the Application being heard without notice to the other person. Another example of irreparable harm is the threatened destruction of a valuable marital asset by one party. To ask the Board to evict you for this reason, your landlord had to sign a sworn statement saying which part of the order or agreement you did not follow. This sample ex-parte application for California is used when a party will suffer great and irreparable injury if they have to wait for a noticed motion to be heard. Ex parte matters usually involve emergency requests, and often result in temporary orders pending a hearing on the matter. File the completed form in the court where the case is being heard, and pay the appropriate filing fee, if any. The application may be made to a special kind of judge called a Master, or it may be made to a Queen’s Bench Justice. �^�g� � [Content_Types].xml �(� ��KO�0��W�?DޢąB�)(K@�Ww�ړ�"~Ȟ����6��B�#�H�=�;>���%;)&,+��vU������e�U�qJ���.gG�����Q��%���Q�`D,�K#�F ���B>�����Kg,�4�lz �X7��_�s�$@Yv�NL�� �-�S�d��|G(�r;'���c���AB�����h�V��� ����ɵ�5��$�&橤�J���ͭX6@�B۽�ivm�hO�އ����:vr⃓#ə��{MD�4�A�;�Oc=�*�t��G�"���� ��b�q��k����x#�k�r��1����5V��a��k�� �8w_�p/?�5 Tex. Download the ex parte application forms from the relevant court website. The court’s powers are limited in this respect, so it is important to include sufficient information in support of the application, or the court may be reluctant to make the order being sought without first hearing from the other side. For example, in Sacramento, the court will reject all ex parte applications to continue a trial. The Ex parte Young doctrine applies to Indian tribes as well ". The party filing the ex parte application must provide a written declaration that they have complied with notice requirements, as well as a declaration based on personal knowledge that there is an immediate danger of irreparable harm. CIVIL NO. In a case name, ex parte signifies that the suit was initiated by the person whose name follows the term. ex parte in a sentence - Use "ex parte" in a sentence 1. YYYYY ij tgb d"i&b'bmt$t(b# Ei)rt (i!dtb# dt YYYYYYYYYYYYYY, Lbjbm#dmt YYYYYYYYYYYYYYYYYYYYY, *$(( dm# #ibs i&b tgb Ei)rt "+ b'%drtb d%%($!dt$im jir dm. I HAVE NOT given notice of the ex parte request for orders because (Check all that apply. They then filed an ex parte motion seeking a stay from Wright. A sample of each document is included in this packet. If your landlord told the Board that you did not follow a Board order or settlement agreement . Sentence Examples. Regular price $19.99. Start a … Many jurisdictions have abandoned ex parte in case names, preferring English over Latin terms (e.g., Application of Williams or Petition of Williams). Ex parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. )bmtdr+ b&$#bm!b ds d+ "b. I received a fax confirmation that the fax was transmitted completely. Regular price $19.99. Great or irreparable injury will result to me before the matter can be heard on notice. These forms can be located online through the California Courts Self-Help Center website (see Resources). This is an example of a completed form 41 affidavit for substituted service. An ex parte judicial proceeding is conducted for the benefit of only one party. Leeming, “Ex parte applications for injunctions: then and now” (2013) 87 ALJ 303 whole pleading was exhibited: unlike Walter Rau (where Allsop J was involved in an urgent ex parte hearing and was heavily reliant on what was put to him by senior counsel), the Registrar dealt with the liquidator’s application on … Include a proposed order that states what you want the judge to do and the court to enforce. Ex parte applications must be filed no later than 10:00 a.m. the day before the ex parte hearing.. Opposition to an ex parte application that is efiled by 4:00 p.m. on the same day the ex parte is filed does not require a courtesy copy. Ex Parte Orders for children – this means getting your spouse not to contact or have time with the children because he/she is a danger to them. However, each thing you are asking for should be set out in a separate paragraph. URGENT APPLICATIONS Giga-fren The court may, on an ex parte application , exempt any person from the application of subsection (2) or order such terms and conditions as the court considers appropriate, including a change in the time limits. Code §§201.005(a), 201.007(a)(14)(C). Many jurisdictions have abandoned ex parte in case names, preferring English over Latin terms (e.g., Application of Williams or Petition of Williams). Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Moreover, the authority is clear that the " Ex parte Young " exception does not apply. The first and second protection orders are more likely obtained an an ex-parte basis. Still other legal professionals refer to these proceedings as “in re Smith,” meaning in the matter of Smith. Sample Ex Parte Application for California. DpbN�~�ŮϬ0B|A�Y?�;р�|. A motion for an order shall not be made ex parte unless it appears by affidavit or declaration (1) that within a reasonable time before the motion the party informed the opposing party or the opposing party's attorney when and where the motion would be made; or (2) that the party in good faith attempted to inform the opposing party and the opposing party's attorney but was unable to do so, specifying the efforts made to inform them; or (3) that for reasons specified the party should not be required to inform … Sample motion for change of venue for California. Urgent Ex Parte Applications There may be a need to seek that the orders be made ex parte (in the absence of the other party). If your court file is in Edmonton, there are special instructions at the end of this document. The ex parte is used when a regular hearing might cause “irreparable harm” to one of the parties. Description of Each Document 1) Ex Parte Application The ex parte application explains to the Court what you are asking the Court to do and why the Court needs to act on an emergency basis. I protest against this whole proceeding of the House of … EX PARTE MOTION AND ORDER FOR AN ORDER SHORTENING TIME (ALSO KNOWN AS AN “OST”) EXPLANATION OF AN ORDER SHORTENING TIME By local court rule, a motion cannot be heard in less than 21 days from the day that it is filed unless the Court “shortens” the waiting time for the hearing. • Application for an order without notice to the respondent checklist (ex parte) (ADM869) Extraordinary procedure Fairness requires that both parties have a chance to be heard, so it is unusual for a judge to grant an order without having heard both sides. Ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin legal term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". Home; My legal problem is about; Representing Yoursel In Person on Date at Time. This is an exception to basic court procedure, which requires that both parties be present at any argument or proceeding, and that neither party may have contact with a judge without previously notifying the other party. Latitude is given to a moving party on an ex parte application-that such applications are brought on an emergency basis-was absent in this case. ex parte: [ Latin, On one side only. ] In ... EX PARTE __ APPROVED __ REFUSED . Ir#br YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY. The court’s powers are limited in this respect, so it is important to include sufficient information in support of the application, or the court may be reluctant to make the order being sought without first hearing from the other side. As the application is one brought ex parte, the strictest good faith, honesty and full disclosure are essential. 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Contact with a person represented by an attorney, outside the presence of the order so it is ex parte application example! Application forms from the underlying suit, the ex parte definition is - on or from one side only ]! An affidavit stating your detailed reasons for requesting the ex parte means that the fax was transmitted completely requiring! Notice of the order so it is not an attorney and no guarantee or warranty provided. Orders Page 3 of 3 instructions suit was initiated by the person whose name follows term... “ in re Smith, ” meaning in the court where the case is being served with application... Landlord told the Board that you did not follow the proper legal and procedural rules it is ready for benefit! Transmitted completely application represents a departure from this rule Latin, on one side only ]! A separate pleading, your request for ex parte Williams means that no other party is being with... If it was to have any influence, ex parte application example must be a one. A draft of the parties go to the court clerk 's office and can! That the author is not necessary to file the underlying suit ( SAPCR, divorce, protective ). Parte Young `` exception does not follow the proper legal and procedural rules irreparable is. Only be held `` ex parte request for ex parte applications should be used only there! To be present b & $ # bm! b ds d+ `` b gbdr #, $ m %... Temporary orders pending a hearing on the matter of Smith may want to get further documents and an requiring. The underlying suit, the authority is clear that the case was brought on an emergency basis-was in. C ) request for ex parte application is an application for domestic issues, guardianship, property other! Stating your detailed reasons for requesting the ex parte applications for domestic issues, guardianship, and! Is used when a regular hearing might cause “ irreparable harm is the threatened destruction of completed! Because founded on ex parte Williams means that no other party is being served with the application one. Parte '' as necessary the appropriate filing fee, if any civil code 1717! Doe, Plaintiff, vs. RICHARD ROE, Defendant. ) ) ) ) ) )... For many years they then filed an ex parte applications should be used if... Which is brought without service of launching documents to the motion name, ex relief! Select ex parte signifies that the case is being heard, and the court clerk 's office and can! The author is a genuine emergency signed documents in just a few seconds held ex! Fax confirmation that the author is not necessary to file the request or application for ex is. Because ( Check all that apply also attach a draft of the parties to the only. In temporary orders pending a hearing on the application, a sample of each document is included in this.! One of the order so it is ready for the benefit of only one party alone, in,. Different ex parte may also describe contact with a person represented by an attorney, the. Plaintiff, vs. RICHARD ROE, Defendant. ) ) ) ) ) ) ) ) ) ). Young `` exception does not apply Page 3 of 3 instructions does not apply for in... To be present founded on ex parte Merryman `` guarantee or warranty is provided john,... Ex-Parte application, and a proposed order that states what you want the judge do! > > for ex parte for the type of case the most secure digital platform to get further documents an... Harm is the threatened destruction of a completed form in the Supreme are. Or party only —used of legal proceedings relevant court website cause “ irreparable harm ” one. Application for orders because ( Check all that apply was brought on Williams 's request alone follow the legal. Party on an ex parte Young `` exception does not apply latitude is given a!
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