§ 1455 Motion upon affidavit - Notice.

If someone wants to get this type of court order, they have to back up their request with a sworn statement, called an affidavit. This statement explains the facts behind why they need the writ.

After that, the judge has a few options. The judge can tell the person to notify the other side before moving forward. The judge can also issue an order that asks the other party to explain why the writ shouldn't be granted. Or, if the situation calls for it, the judge can approve the writ right away without telling the other side first.

Basically, this rule gives judges flexibility. It lets them decide how much notice the other person gets based on the situation, while still making sure the person asking for the writ has real facts to support their request.