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Shortening the time for a hearing in California

by Stan Burman

Shortening the time for a hearing in California is the topic of this blog post. 

Having worked in California and Federal litigation since 1995 I know from personal experience that in certain cases it is very important that you obtain an order shortening the time for a hearing in California such as where the trial date is fast approaching and there is not enough time for a motion, such as a discovery motion, to be heard on regular notice.  For example, Code of Civil Procedure section 2024.020(a) states that all discovery motions must be heard at least fifteen (15) calendar days before the trial date.

Other types of motions that are often heard on shortened notice are motions for a continuance of trial.

Thus, obtaining an order shortening the time for a hearing in California is a very useful tool.

However, any party seeking ex-parte relief in California should state in the first paragraph of the ex-parte application the irreparable harm that will result if the Court does not grant the requested relief on an ex-parte basis.  Many if not most Judges will deny any ex-parte application that does not state the information just mentioned.  In fact in my person experience I have noticed that many Judges state that very fact in their listing of practices and procedures for their Courtroom.

Code of Civil Procedure section 1005(b) and California Rule of Court 3.1300(b) both state that a Court may order a shorter time for filing and service of papers for a Motion than the times specified in Code of Civil Procedure section 1005.

Normally, a party seeking an ex parte order in a civil case must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance unless a showing of exceptional circumstances justifying shorter notice is made. A declaration must be filed with the Court giving the details of when and how notice was given to the opposing party.  A proposed Order should also be submitted when the ex-parte documents are filed with the Court.

The local rules as well as the particular requirements for each individual Judge or Commissioner should also be reviewed before submitting any application for ex-parte relief as some Judges do require that telephonic notice be given to the Court clerk at a certain specified time, generally the day before the hearing. They may also require that a copy of the ex-parte application and all supporting documents, including the proposed order, be filed, and then given to the Court clerk at either the same time as the telephonic notice, or at another specified time.

In some counties that information may be available on the Court website, while in others such as Los Angeles and Orange counties, information on the practices and procedures for the particular Judge that the case has been assigned to is often included in documents given by the Court clerk to the Plaintiff at the time of filing of the summons and complaint as well as being available on the Court website.

Obtaining the phone number for the particular Courtroom or department at which any hearing would be held is another good way to obtain more information.

Attorneys or parties in California who would like to view a portion of a sample ex-parte application for an order shortening time for hearing sold by the author can use the link shown below.

Sample Ex-Parte Motion to Shorten Time for hearing in California by Stan Burman on Scribd

 


Attorneys or parties in California who would like more information on a law and motion document collection containing over 70 sample documents for California litigation including a sample ex-parte application for an order shortening time for hearing sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/products/california-law-and-motion-document-collection

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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