Legal Question in Civil Litigation in California

Re: Ex Parte Application - process/requirements

This ain't Internet law school. If you don't know what you are doing, don't expect to get anywhere with your motions. Look it up in Rutter Group Civil Procedure Before Trial.

Re: Ex Parte Application - process/requirements

This ain't Internet law school. If you don't know what you are doing, don't expect to get anywhere with your motions. Look it up in Rutter Group Civil Procedure Before Trial.

Re: Ex Parte Application - process/requirements

I've never heard of an ex parte application to deny a pending motion, and I wouldn't bet on it being granted. Some motions can't be decided ex parte. Even if this particular motion can, the judge is unlikely to forgo her opportunity to study the issues in order to give you a quick decision unless you have a *very* good reason.

You may have better luck getting a continuance, but your chances of getting one will depend upon many circumstances that you haven't described.

Offhand I'm not sure whether a motion to quash a subpoena can be made ex parte. Even if it can, I hope you have a pretty good argument as to why this one should -- and why the judge should rule quickly instead of making you file a noticed motion.

You need to give the other parties notice of exactly when and where you will appear, as well as what you will be seeking and why. This can be done by faxing a letter. There is no need for a formal caption, but the letter should state the name of your case and its case number.

Bring the original for the Court and enough copies for all of the other parties, plus one for the clerk to stamp for your own records. Also, bring a proposed order (with copies for everyone) and a check for the fees.