P. 1
Sample Ex-Parte Motion to Shorten Time for hearing in California

Sample Ex-Parte Motion to Shorten Time for hearing in California

|Views: 18,169|Likes:
Published by Stan Burman
This sample ex-parte application for an order shortening time in California is made pursuant to Code of Civil Procedure section 1005(b) and California Rule of Court 3.1300(b) and is used when a party needs to have a motion heard on shortened notice because there is not enough time to have the motion heard on regular notice. The sample contains a memorandum of points and authorities, a sample declaration and declaration regarding notice, and a proposed order. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample ex-parte application for an order shortening time in California is made pursuant to Code of Civil Procedure section 1005(b) and California Rule of Court 3.1300(b) and is used when a party needs to have a motion heard on shortened notice because there is not enough time to have the motion heard on regular notice. The sample contains a memorandum of points and authorities, a sample declaration and declaration regarding notice, and a proposed order. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

More info:

Categories:Types, Legal forms
Published by: Stan Burman on Jan 07, 2012
Copyright:Traditional Copyright: All rights reserved
List Price: $19.99 Buy Now

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
See more
See less

10/11/2014

$19.99

USD

pdf

text

original

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Any Defendant Any Street Any Town, CA 55555 714-555-5555 Defendant, In Pro Per

Superior Court of the State of California For the County of _________________

Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants.

) ) ) ) ) ) ) ) ) ) ) )

Case No. NOTICE OF EX-PARTE APPLICATION AND EXPARTE APPLICATION FOR ORDER SHORTENING TIME; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF __________; EXHIBITS DATE: TIME: DEPT:

To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice before using this document.
TO PLAINTIFF:_________________________________AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as

- 1 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME

the files and records of this case. Defendant _____________________.2 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME . the declaration of __________ and Exhibits attached thereto. and such other and further oral and documentary evidence as may be presented at the hearing. _____ of the above-entitled Court located at ______________. Dated: ________________ __________________________________________ ANY PARTY . will and does move the Court by ex-parte application for an Order shortening time for hearing on Defendant’s Motion to Compel. the Memorandum of Points and Authorities in support thereof. in Dept. This ex-parte application will be based upon this Notice.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the matter can be heard.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS This case involves __________________________________________. Defendant is requesting ex-parte relief as they will suffer great and irreparable injury if the Court does not act immediately in that __________________________________________. As the trial date is only ___________ days away Defendant has no choice but to seek an order shortening time for hearing on their Motion to Compel. II. LEGAL ARGUMENT A. 1THIS COURT HAS THE POWER TO ISSUE AN ORDER SHORTENING TIME FOR A HEARING ON DEFENDANT’S MOTION TO COMPEL Code of Civil Procedure § 1005(b) and California Rule of Court § 3.1300(b) state in pertinent part that a Court may prescribe a shorter time for filing and service of papers for a Motion than the times specified in Code of Civil Procedure § 1005. B. TO 1AN ORDER SHORTENING TIME FOR A HEARING ON PLAINTIFFS MOTION COMPEL IS APPROPRIATE DUE TO THE FACT THAT THE TRIAL DATE IS SET FOR ________________________ As the Trial Date in this matter is _______________, the Motion to Compel must be heard no later than _______________, which is fifteen (15) days before the Trial Date. Code of Civil Procedure § 2024.020(a) states that all discovery motions must be heard at least fifteen (15) days before the Trial Date. ///

- 3 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME

For discovery purposes. the bank records that Defendant is requesting to be produced are crucial to this case. THE BANK RECORDS THAT DEFENDANT IS REQUESTING TO BE PRODUCED ARE CLEARLY RELEVANT TO THE ISSUES INVOLVED IN THIS CASE As shown by the Declaration of _______________. The ______ bank records that have not been produced will show if _________________________did in fact deposit monies into his bank account that were given to him by __________________________. is discoverable if it might reasonably lead to admissible evidence. See Gonzalez v. Information. CONCLUSION Based on the foregoing. and Exhibits attached thereto. or facilitating settlement.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Defendant requests that the Court grant their request for an Order Shortening Time for hearing on their Motion to Compel _____________________to produce the bank records for the months of ____________________. Dated: ________________ __________________________________________ ANY PARTY .4th 1539.App. Superior Court (City of San Fernando) (1995) 33 Cal. unless privileged. preparing for trial. III. These rules are applied liberally in favor of discovery. and are clearly relevant to the issues involved in this case.4 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME C. information is relevant if it might reasonably assist a party in evaluating the case. 1546.

injury in that 4. 7. declare as follows. __________________________________________ ANY PARTY . I am over the age of 18 years and am a party to this action. California. _________________. I have personal knowledge of the facts stated in this declaration. 2. 1. I respectfully request that the Court grant my ex-parte application for an Order If the Court does not grant my ex-parte application I will suffer great and irreparable shortening time for hearing on my Motion to Compel.2012 at __________________.5 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME . 5.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF _________________ I. could and would testify competently to the truth of the facts as stated herein. and if called as a witness. 6. I make this declaration in support of my ex-parte application for an order of the Court shortening time for hearing on my Motion to Compel _______________________. 3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on ________________.

) ) ) ) ) ) ) ) ) ) ) ) Case No. I am a defendant in the above-entitled action. and that the hearing would be held at ____________. in Dept. CA 55555 714-555-5555 Defendant.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town. Any Defendant. I have personal knowledge of the foregoing. 2. ___ of the Court located at _______________________________.M. at _____. and if called as a witness could and would testify competently thereto. and DOES 1-5 Defendants. ______________declare as follows: 1. Plaintiff. vs.M. DECLARATION REGARDING NOTICE OF EXPARTE APPLICATION I. and that if they wished to oppose my request they should appear at the ex-parte hearing. on ___________________.6 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME . In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff. On __________________. I spoke personally with _______________and informed them that I would be filing an ex-parte application for an Order shortening time for hearing on a Motion to Compel. which is the telephone number for the attorneys of record for Plaintiff. I called _______. .

M. Executed on this the _ day of___________. California.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the state of California that the foregoing is both true and correct. __________________________________________ ANY PARTY Remember that you MUST give telephonic notice no later than 10:00 A. on the COURT DAY before the hearing unless your case is an unlawful detainer in which case you MUST give reasonable notice and state why your notice was reasonable considering the circumstances. . 2011 at _______________.7 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME .

Any Defendant. Plaintiff. CA 55555 714-555-5555 Defendant. ORDER AFTER EX-PARTE HEARING he Ex-Parte Application of Defendant. the Honorable ___________________________. ____of the above-entitled Court located at ____________________________________. Presiding. In reading the application of Defendants and good cause appearing therefore: IT IS ORDERED THAT the ex-parte application of ______________is hereby GRANTED. and DOES 1-5 Defendants. In Pro Per Superior Court of the State of California For the County of _________________ Any Plaintiff. IT IS FURTHER ORDERED THAT Dated:___________________ ________________________________________________ JUDGE/COMMISSIONER OF THE SUPERIOR COURT .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Defendant Any Street Any Town. 2011 in Dept.8 NOTICE OF EX-PARTE AND EX-PARTE APPLICATION FOR ORDER SHORTENING TIME . ________________________________came on for Ex-Parte hearing on ______________. vs. ) ) ) ) ) ) ) ) ) ) ) ) Case No.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->