Legal Question in Real Estate Law in California
exparte hearing
Hello, can you tell me how much time or Notice is required to give prior to an exparte hearing for an order to shorten time to hear a second ammended complaint at the same time of a demurrer hearing scheduled for June 27? I am a pro per defendant in a civil case complaint and I filed the demurrer. The Plaintiff's attorney filed an opposition to the demurrer and has called my cell phone voice mail and left me a message about his exparte hearing for tomorrow morning and the voicemail is my notice of hearing? What do I do call the court, or call the attorney back? I need more time to write a reply file and serve it. I don't want to speed things up, I want to delay things as long as possible.
Thank you
7 Answers from Attorneys
Re: exparte hearing
Show up at tomorrow's hearing and explain to the court or the intake research attorney why the matter should be heard on regular notice (i.e. service of papers 16 days before the hearing, and giving you 9 court days to file your opposition), rather than on an expedited schedule. Explain that, because you represent yourself, you might not have everything at your fingertips, and it would involve going to the library, researching the issues, and writing your brief. Good luck!
Re: exparte hearing
The time and notice requirements for an ex parte application are set forth in the California Rules of Court, Rule 3.1203(a): "A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice."
Rule 3.1204 states what the notice must include and requires that the ex parte applicant must include a declaration regarding the notice given along with the other papers presented to the court at the ex parte hearing.
Re: exparte hearing
Usually at least 24 hours. But, you do not ask for a hearing on a second amended complaint. You can hire an attorney to prepare paperwork in your name and guide you and you can make your own appearances. It will save you money and give you a better chance to prevail.
Re: exparte hearing
Usually at least 24 hours. But, you do not ask for a hearing on a second amended complaint. You can hire an attorney to prepare paperwork in your name and guide you and you can make your own appearances. It will save you money and give you a better chance to prevail.
Re: exparte hearing
Usually at least 24 hours. But, you do not ask for a hearing on a second amended complaint. You can hire an attorney to prepare paperwork in your name and guide you and you can make your own appearances. It will save you money and give you a better chance to prevail.
Re: exparte hearing
Usually at least 24 hours. But, you do not ask for a hearing on a second amended complaint. You can hire an attorney to prepare paperwork in your name and guide you and you can make your own appearances. It will save you money and give you a better chance to prevail.
Re: exparte hearing
Usually at least 24 hours. But, you do not ask for a hearing on a second amended complaint. You can hire an attorney to prepare paperwork in your name and guide you and you can make your own appearances. It will save you money and give you a better chance to prevail.
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