[FORM 9A:17]

EX PARTE MOTIONS

Civ. Pro. Before Trial: Ch. 9(I) ¶9:345 ff. — Ex Parte Motions
¶9:350 ff. — Procedure
¶9:355 ff. — Form of Motion

[Name; state bar number]

[Firm name]
[Firm address]
[City; State; Zip Code]
[Telephone number/Fax number]
[E-mail address]

Attorneys for _______________

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

) CASE NO. ________

_________________________ , )
) EX PARTE APPLICATION FOR
Plaintiff(s), ) [state request, e.g., ORDER
) CONTINUING TRIAL DATE ];
vs. ) DECLARATION OF ________ ;
_________________________ , ) DECLARATION OF NOTICE;
) [PROPOSED ] ORDER
Defendant(s). )
__________________________ )

[Plaintiff/Defendant] [name], through [his/her] counsel, hereby

applies ex parte for an order [state request, e.g., continuing the trial date in
this action from [existing date] to a date to be set at a further trial setting
conference.]
[¶]__ . This application is made on the ground that [state basis for
application, e.g., plaintiff’s expert on the issue of damages will be unavailable
until after [date].]
[¶]__ . In support of this application, I can state the following based
upon personal knowledge: [State facts supporting application, e.g.,
(a) Plaintiff filed the complaint in the above-entitled action on [date].
All discovery (except as set forth below) has been completed and the case was
set for trial on [date]. This is the first trial date assigned to this action.
(b) [Name] is the expert witness designated by plaintiff to provide
testimony supporting plaintiff’s damage claims. By agreement of the parties
approved by the court, [name’s] deposition was scheduled to be taken one
week prior to trial.
(c) On [date], I received a letter informing me that [name] had been
injured in a motorcycle accident and would be unavailable for any purpose

Rev. #1 2008 9A-31

for three months. A copy of the letter is attached as Exhibit __ . As a result of
this accident, plaintiff’s expert is no longer available for deposition or for trial
on the dates scheduled.]
[¶ ]__ . [State fulfillment of notice requirements, e.g., On [date], I
notified defendant’s counsel [name] by telephone concerning these facts and
the resulting need to reset the deposition and trial dates, and informed [him/
her] that this application would be presented to this Court in Department
[number] on an ex parte basis on [date] at [time]. Defendant’s counsel
informed me [he/she] would not oppose this application.
[¶]__ . I have conferred with defendant’s counsel and am informed
[he/she] is available to attend a new trial setting conference on (list available
dates/times).]
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.

Date:____________________ ______________________________
[Name of Declarant]

Prepare and attach MEMORANDUM IN SUPPORT OF APPLICA-

TION REQUESTING ORDER TO CONTINUE TRIAL DATE

Civ. Pro. Before Trial: Ch. 9(I) ¶9:64 ff. — Points and Authorities

[PROPOSED ] ORDER

Having read and considered the foregoing application requesting an

order to continue the trial date in this action, and good cause appearing
therefor,
IT IS ORDERED THAT the application is granted. The trial date
of [date] is vacated. A further trial setting conference is set for [date/time]
in [department]. [Moving party] shall serve this order on all parties within
five days.

Date:____________________ ______________________________
Judge of the Superior Court

9A-32 Rev. #1 2008