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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 In re the marriage of: ) Case No.


)
12 Petitioner: _________________________ ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR CONTINUANCE OF
13 and ) TRIAL DATE AND DISCOVERY CUT-OFF DATE;
) MEMORANDUM OF POINTS AND
14 Respondent:____________________________ ) AUTHORITIES, DECLARATION OF
) ________________; EXHIBITS
15 )
) DATE:
16 ) TIME:
) DEPT:
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1 Be sure to remove these notices and all other notices before using
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this document.
4 TO ________________:_________________________________ AND THEIR
5
ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
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the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,

9 _____________________, will and does move the Court by ex-parte application for an Order

10 granting a continuance of the trial date for a period of LIST NUMBER OF DAYS REQUESTED
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days pursuant to California Rule of Court 3.1332 and Family Code 210 and extending the discovery
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cut-off date accordingly on the grounds that STATE HERE THE REASON FOR REQUESTING
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A CONTINUANCE OF THE TRIAL DATE SUCH AS YOU ARE SERIOUSLY ILL, ETC,
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15 ESSENTIAL WITNESSES ARE NOT AVAILABLE ON THE CURRENT DATE OF THE

16 TRIAL, YOU HAVE BEEN UNABLE TO OBTAIN ESSENTIAL TESTIMONY,


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DOCUMENTS OR OTHER MATERIAL EVIDENCE OR ANY SIGNIFICANT
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UNANTICIPATED CHANGE IN THE STATUS OF THE CASE WHICH HAS RESULTED IN
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THE CASE NOT BEING READY FOR TRIAL as more fully set forth in the Declaration of
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21 NAME OF MOVING PARTY and Exhibits attached thereto which is attached hereto and

22 incorporated herein by reference.


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1 This ex-parte application will be based upon this Notice, the Memorandum of Points and
2 Authorities in support thereof, the files and records of this case, the declaration of NAME OF
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MOVING PARTY and Exhibits attached thereto, and such other and further oral and documentary
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evidence as may be presented at the hearing.
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7 Dated: ________________ __________________________________________


ANY ATTORNEY OR PARTY
8

9 Be sure to modify these paragraphs to suit your individual


10
situation. Do NOT just use the wording here unless it definitely applies
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12 to your particular situation.


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