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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question about civil procedure. The case is civil

Customer Question

I have a question about civil procedure. The case is civil unlimited filed in Superior Court, California. I am aware that many cases get dismissed And requests get denied due to procedure issues. Is there a list of rules that supports an exception for procedure issues. Or is there a soure where I can get this info. Specially ex-parte. Example, a party filed exparte to seal privileged records that were imaged and publicized. The court denied because ex parte was not the appropriate application. Another example that involves discovery abuse, A party files an ex parte for Discovery stay because they needed to get a surgery done, and they were getting massive amount of discovery. The court denied because it was not the appropriate application.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California/civil
JA: Has anything been filed or reported?
Customer: I'm not sure if I understood the question
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Customer: replied 1 month ago.
Thank you
Expert:  Law Educator, Esq. replied 1 month ago.

There is no exception to these rules of civil procedure. All of the rules of civil procedure are found within the CA Rules of Civil Procedure (Copy and paste the link to your browser, do not click on it): http://codes.findlaw.com/ca/code-of-civil-procedure/

You also want to be familiar with the rules of the court you are in, which can be found at: http://www.courts.ca.gov/rules.htm

You also can go to the court or local law library and get a book (there are many) on practice before the CA Superior Courts, those are not rules or laws, they simply help explain the practice before the court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 1 month ago.
I apologize maybe I didn't ask my question correctly. Can you use the discovery example as the question? In that specific situation, is there a code that the court would use to allow discovery stay using ex-parte?
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your reply.

No, there is no code providing for ex parte motions for that. If you want to motion for things, it requires notice to the other party, not ex parte.

Customer: replied 1 month ago.
Okay thank yoh
Expert:  Law Educator, Esq. replied 1 month ago.

You can look at California Rules of Court, rule 3.1200 to 3.1207 at the link above for the rules on ex parte motions and each judge also has rules when ex parte motions will be accepted and you need to get those rules from the judge's clerk.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.