Sample Ex-Parte Application for Continuance of Trial Date in a Divorce in California
This sample ex-parte application for continuance of a trial date in a divorce case in California is made pursuant to California Rule of Court 3.1332 and Family Code section 210 to request that the Court grant a continuance of the trial date on several grounds including that (1) the moving party or their attorney is seriously ill; (2) essential witnesses are not available on the current date of the trial; (3) the moving party has been unable to obtain essential testimony, documents or other material evidence, and (4) there has been a significant unanticipated change in the status of the case which has resulted in the case not being ready for trial. The sample has been revised and updated as of March 5, 2018, is 15 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and declaration regarding notice of ex-parte application and proposed order. The author is a freelance paralegal and entrepreneur who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.