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Give me the link to download a California ex parte form (CCP

Please give me the link...
Please give me the link to download a California ex parte form (CCP 3.1202) and also assist me to fill the form and file it. Thanks,
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Customer reply replied 1 month ago
Since there is no form for this, I'd say a sample of it as a reference.
Answered in 1 hour by:
10/20/2017
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 43,556
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Are you wanting a motion for continuance here r what kind of motion,thanks

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Customer reply replied 1 month ago
It is an ex patre motion for continuance. Thanks.
Customer reply replied 1 month ago
Also do you think ic it is easy to get a continuance in trial date? What are the best reasons to ensure you get one ftom the judge?

Sure you just need to show some good cause here, medical appointment, scheduling issue, etc.

Forms

http://www.courts.ca.gov/documents/fl306.pdf

You have to copy the other side here.

Thanks and thanks for rating 5 stars.

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Customer reply replied 1 month ago
These are about the best reasons? How difficult it is to get approved?What if I say I need to amend the complaint and also gather evidence for new things done by the defendant? Are these good reasons?
Customer reply replied 1 month ago
Can you also give me a sample of California ex parte application?

You cannot do this ex parte.The rules here require you to file it and copy the other side.The judge will not grant this ex parte.Yes hopefully additional time to respond amend the complaint because of the complexity of the response.

Sounds like two motions here, one to continue the case itself another one to ask for leave of court to amend pleadings.

Motion for leave of court

http://michellawyers.com/wp-content/uploads/2013/12/Plaintiffs-Notice-of-Motion-and-Motion-for-Leave-to-File-First-Amended-Complaint-for-Declaratory-and-Injunctive-Relief.pdf

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Customer reply replied 1 month ago
But I could have an ex parte to move the motion hearing date earlier because currently it is too close to the trial date.
Customer reply replied 1 month ago
Motion for leave of court: This requires a court date as well? Can this be ex parte?

Neither is ex parte, file motion for continuance telling the court that good cause is the need to file for leave to amend the pleadings.Then file the motion for leave to amend.See if the court grants this ex parte but you need to copy other side.

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Customer reply replied 1 month ago
I mean ex parte to request the motion hearing date to be moved earlier.
Customer reply replied 1 month ago
Motion for leave of court: This requires a court hearing date as well?

None of these are ex parte here, the rules require copy and notice to other side.

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Sorry but the court will not grant this ex parte they have to receive copy of your motion.Thanks for letting me clarify here.

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Customer reply replied 1 month ago
I don't think you understand what I am saying. I am doing an ex parte to request the motion for continuence hearing date to be earlier. And do you have a sample ex parte application?
Customer reply replied 1 month ago
I already have a motion hearing date but it is too late. That is why I need ex parte to request it move to an earlier date!

Ok so in that case you are motioning for a preferential setting for the hearing on it.Argue it needs to be heard quicker so the matter can proceed.

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Customer reply replied 1 month ago
Again do you have a sample ex parte application?
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Customer reply replied 1 month ago
Can I at least try what I will ask in the motion for continence in the ex parte?
Customer reply replied 1 month ago
Ps why do I need motion for leave to amend if I have a motion for continuence (basically asking for a new trial date)? If I have enough time once the trial is postponed, I will be able to also have enough time to do amendment, so why ask for leave to amend?Also how good is a chance to postpone a trial date? I heard it might not be easy.
Customer reply replied 1 month ago
I can't use FL-305 because it is a civil case.

So again try for continuance, if granted then you can ask for leave to amend the complaint.That should work.

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Customer reply replied 1 month ago
But I don't need to ask for leave to amend. If I have enough time, I can just amend and file it. There is no need to do a motion. Since the paper is not served yet, I can amend it without notifying the court (just simply file it)

In that case file for continuance if there is enough time to amend.

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Customer reply replied 1 month ago
in ex parte, ask for an earlier motion hearing date, and also give it a try asking for what I want in that motion as well, right?

Yes thats correct and I would mail copy to other side here.

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Customer reply replied 1 month ago
Does it has to be mailed before the ex parte hearing date?
Customer reply replied 1 month ago
Or it can be mailed after the hearing?

Mail it the date you file it here.Rules require you to copy the other side of all filings here when you file it.

Thanks for your patience and the best to you.

If you can positive rate 5 stars always much appreciated.

Ray
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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 1 month ago
The date I file is the date of the hearing. That is ex parte.

Thats correct,thanks and good luck here.

Have a good evening.

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Customer reply replied 1 month ago
If I want to move the motion for continuance hearing date soon, how to phrase it? So ex parte application for xxxxx (please fill it in)
Customer reply replied 1 month ago
Move the hearing date earlier*
Customer reply replied 1 month ago
Also since I am requesting two things:
1. Trial continuance
2. Move motion hearing dateHow to organize these two together? Like mix them together or put in two sections? If two sections, how is it like?
Customer reply replied 1 month ago
It looks like I do have to notify the other party before the court hearing. When you say by mail, I can mail it myself? Do they have to receive it first or acknowledge it before I apply for ex parte?:Declaration Re Notice
An ex parte application for an order must be accompanied by an affidavit or a declaration showing:(1) that the applicant informed the opposing party when and where the application would be made no later than 10:00 a.m. on the court day before the application was made and the notice given, including the date, time, manner, and name of the party informed, the relief sought,
Current as of 8/15/2010. Get the latest updates with SmartRules membership via LawyerToolbox.com.
any response, and whether opposition is expected; or (2) that the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or (3) that, for reasons specified, the applicant should not be required to inform the opposing party. CRC 3.1204(b) (renumbered and amended eff 1/1/07).
If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain the exceptional circumstances that justify the shorter notice, or, in unlawful detainer proceedings, when the notice given is reasonable. CRC 3.1204(c) (renumbered eff 1/1/07).
Customer reply replied 1 month ago
Btw since the defendant hasn't been served yet on the court case, do I need to notify them?
Customer reply replied 1 month ago
Actually I am not going to notify because:No Notice
The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. CRC 3.1204(b)(3) (renumbered eff 1/1/07).

See if the court grants this ex parte.The normal proper way here is to file it and send notice by mailing them a copy and allowing them to object.You are trying to circumvent the rules and the court is likely to tell you that.You can try here but it is unlikely the grant this ex pate.Thats why I have tried to get you to at least copy them with your filing.

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Thanks I am trying to give you the best chance here.

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Understand other side to be angry here and may come after you if you aren't giving them notice under the rules.Think about it you would be angry if they tried to do it to you without a chance to respond.This offers you some cover send a copy here at least.Thanks

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Customer reply replied 1 month ago
No it wouldn't matter because the case was never served so the case doesn't even exist for them

So then just copy them after you file should be fine.

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Customer reply replied 1 month ago
If you read the rules, no notice is actually one of the rules:
Actually I am not going to notify because:No Notice
The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party. CRC 3.1204(b)(3) (renumbered eff 1/1/07).
Customer reply replied 1 month ago
Also:
If I want to move the motion for continuance hearing date soon, how to phrase it? So ex parte application for xxxxx (please fill it in)

Motion for continuance ex parte cite the ex parte rule , show some good cause for doing so.

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Sure you just need to show some good cause here, medical appointment, scheduling issue, etc.

Forms

http://www.courts.ca.gov/documents/fl306.pdf

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Customer reply replied 1 month ago
If I want to move the motion for continuance hearing date soon, how to phrase it? So ex parte application for xxxxx (please fill it in).
Customer reply replied 1 month ago
I can't use fl forms. This is civil not family law cases

So you may have to draft your own just giving you an idea of what it would look like.Ask that it be briefly continued until x date so that you may amend your complaint here.

Thanks.

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Customer reply replied 1 month ago
Let me clarify, I was asking the title of my ex parte motion: ex parte application for xxx.Please fill it in. Thanks,

Ex Parte Application for Continuance here.

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Customer reply replied 29 days ago
Hi so the judge made this ruling on the ex parte application. What I am supposed to do now? Thanks!

If he granted it there will be a new hearing date or he will ask the parties to submit an agreed one.

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Customer reply replied 29 days ago
I mean is the judge asking me to give a notice to the other party? That is all I need to do? It says notice should be given no later than 10am of the ex parte application date. Does that mean they have to receive the letter by then already or I just mailed it out by then?
Customer reply replied 29 days ago
Sorry here is the ruling:
Denied without prejudice. To plaintiff filing a motion on regular notice, no grounds for ex parte relief shown.

So yes you have to give notice, see if they file response and then the judge will rule on it.Rarely is ex parte granted, but likely it will be granted here once you notice them.

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Customer reply replied 29 days ago
Rarely is ex parte granted
- you mean rarely granted without notice?What is considered notified?: once I mail it or they have to receive it?

Yes to both, rarely granted ex parte and the court will give them a day pr two to respond and grant it.

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Customer reply replied 29 days ago
I am still confused. You mean even I give notice it is still rarely granted?So the tracking will show they received the letter two days before? Do I need to tell them when I am going to court? How do they respond? By going to court in the date I specified in ex parte?

The judge rarely grants anything ex parte.The constitution requires notice here and opportunity to respond.Doesn't mean it won't be granted after other side has chance to file response.Ex parte has to show immediate irreparable harm, I am assuming judge did not find that to be the case and wanted to hear from other side or will grant it in a day or two.

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Customer reply replied 29 days ago
Did the judge say that in the ruling that he finds no ground?But there is good chance for the other one that I requested for move the motion date earlier to be granted? You still haven't given me the title for moving motion date earlier yet.
Customer reply replied 29 days ago
If rarely granted why am I doing it here? LolSo the tracking number will show they received the letter two days before? Do I need to tell them when I am going to court? How do they respond? By going to court in the date I specified in ex parte?

You just send them the copy.The judge notifies here if there is a hearing or iti going to be granted by order.

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You just send them the copy.The judge notifies here if there is a hearing or it is going to be granted by order.

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Customer reply replied 28 days ago
You said it is better they respond. Now you are saying the judge would make the decision. I am confused.Also move the trial date earlier is usually granted? Again what is the title for move hearing date earlier?
Customer reply replied 28 days ago
If it is rarely granted, why should I waste my time to do it lol? Any other ways?

You serve them.The judge decides if a hearing is needed or just grants it.Depends on whether they oppose or not.Ex parte motions are rarely granted, but once they have been served a copy then the judge may well grant it.

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I can do unlimited questions. Accept and ask as much as you want.I will be her tonight, you can also come back later and ask more.

Thanks.

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Customer reply replied 28 days ago
You keep miss answering questions. I asked you so many times how to phrase the title for move the hearing date earlier and you never answered.And I asked if it is easier to get ex parte granted for the motion requesting an earlier hearing date (to hear the motion to continue trial), you didn't answer either.Please each time answer all questions rather than only some of the questions, that is how it feels like unlimited questions for you.

You are wanting to do ex parte when the court denied it.You can serve them with the motion here and the court will hear it.Once you serve them the court may well grant it.

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Once they have notice and have responded or not then court grants it.Ex parte here , without giving the other side notice is rare.But the court may grant one here after notice.

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2017 California Rules of Court

Rule 3.1332. Motion or application for continuance of trial

(a) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.

(Subd (a) repealed and adopted effective January 1, 2004; amended effective January 1, 1995.)

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 1995.)

(c) Grounds for continuance

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include:

(1)The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;

(2)The unavailability of a party because of death, illness, or other excusable circumstances;

(3)The unavailability of trial counsel because of death, illness, or other excusable circumstances;

(4)The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;

(5)The addition of a new party if:

(A)The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or

(B)The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;

(6)A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or

(7)A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.

(Subd (c) amended effective January 1, 2007; adopted effective January 1, 2004.)

(d) Other factors to be considered

In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include:

(1)The proximity of the trial date;

(2)Whether there was any previous continuance, extension of time, or delay of trial due to any party;

(3)The length of the continuance requested;

(4)The availability of alternative means to address the problem that gave rise to the motion or application for a continuance;

(5)The prejudice that parties or witnesses will suffer as a result of the continuance;

(6)If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay;

(7)The court's calendar and the impact of granting a continuance on other pending trials;

(8)Whether trial counsel is engaged in another trial;

(9)Whether all parties have stipulated to a continuance;

(10)Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and

(11)Any other fact or circumstance relevant to the fair determination of the motion or application.

(Subd (d) adopted effective January 1, 2004.)

Rule 3.1332 amended and renumbered effective January 1, 2007; adopted as rule 375 effective January 1, 1984; previously amended effective January 1, 1985, January 1, 1995, and January 1, 2004.

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The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include:

(1)The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;

(2)The unavailability of a party because of death, illness, or other excusable circumstances;

(3)The unavailability of trial counsel because of death, illness, or other excusable circumstances;

(4)The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;

(5)The addition of a new party if:

(A)The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or

(B)The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new party's involvement in the case;

(6)A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or

(7)A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial.

(Subd (c) amended effective January 1, 2007; adopted effective January 1, 2004.)

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Customer reply replied 28 days ago
You still haven't give me the title for requesting moving a hearing date earlier. I asked 10 times akeesfhv
Customer reply replied 28 days ago
You still haven't give me the title for requesting moving a hearing date earlier. I asked 10 times already.

It should be without here.

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Where plaintiff has been dilatory in prosecuting his/her case, a motion for trial setting preference will succeed in avoiding dismissal on a motion therefor for lack of prosecution under Code of Civil Procedure §§ 583.410, 420. (See, Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691.) As the court explained:

“Section 36 should not be cast in opposition to the statutes providing for dismissal, but instead be viewed as consistent with the Legislature’s overall interest in promoting the orderly and fair administration of justice. To negate the court’s discretion to dismiss based solely on section 36, subdivision (b) would only invite abuse of trial preference status, enabling an attorney for a young plaintiff to let the plaintiff’s case languish and then demand trial priority when the five-year mandatory dismissal deadline is imminent. The Legislature could not have anticipated such an incongruous result when it determined that litigants under 14 years of age deserved to have their cases heard before other civil actions.” Id., 39 Cal.App.4th at 697.

While the plaintiff in Landry was a minor who filed his motion for trial setting preference before Defendants filed their motion to dismiss for lack of prosecution, his counsel waited almost five (5) years before filing the motion to preferentially set. Putting aside the proximity to the five year “death date”, the court was no doubt hard-pressed not to comment on the inherent hypocrisy of waiting almost five years before making a motion for trial setting preference predicated upon the exigencies of a minor’s need for prompt compensation. Accordingly, if the motion is to be made at all, it should be made in good faith and thus made as early as practicable.

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Customer reply replied 28 days ago
I asked:Ex parte application for xxxxWhat should I put after the word for? I am referring to the request to move hearing date earlier

motion for trial setting preference will succeed in avoiding dismissal on a motion therefor for lack of prosecution under Code of Civil Procedure §§ 583.410, 420.

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Customer reply replied 28 days ago
I am asking ex parte application for ______E.g. Ex parte application for moving hearing date earlier for motion to continue trial???????

Motion for continuance is to move it back. Motion for trial setting preference is to move it forward.

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Customer reply replied 27 days ago
Continuance means to postpone it right? If I want to move it to an earlier date, how should I say it?

motion for trial setting preference will succeed in avoiding dismissal on a motion therefor for lack of prosecution under Code of Civil Procedure §§ 583.410, 420.

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Code of Civil Procedure - CCP

PART 2. OF CIVIL ACTIONS [307 - 1062.20]

( Part 2 enacted 1872. )

TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674]

( Title 8 enacted 1872. )

CHAPTER 1.5. Dismissal for Delay in Prosecution [583.110 - 583.430]

( Chapter 1.5 added by Stats. 1984, Ch. 1705, Sec. 5. )

ARTICLE 4. Discretionary Dismissal for Delay [583.410 - 583.430]

( Article 4 added by Stats. 1984, Ch. 1705, Sec. 5. )

583.420.

(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:

(1) Service is not made within two years after the action is commenced against the defendant.

(2) The action is not brought to trial within the following times:

(A) Three years after the action is commenced against the defendant unless otherwise prescribed by rule under subparagraph (B).

(B) Two years after the action is commenced against the defendant if the Judicial Council by rule adopted pursuant to Section 583.410 so prescribes for the court because of the condition of the court calendar or for other reasons affecting the conduct of litigation or the administration of justice.

(3) A new trial is granted and the action is not again brought to trial within the following times:

(A) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within two years after the order of the court declaring the mistrial or the disagreement of the jury is entered.

(B) If after judgment a new trial is granted and no appeal is taken, within two years after the order granting the new trial is entered.

(C) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within two years after the remittitur is filed by the clerk of the trial court.

(b) The times provided in subdivision (a) shall be computed in the manner provided for computation of the comparable times under Articles 2 (commencing with Section 583.210) and 3 (commencing with Section 583.310).

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Customer reply replied 27 days ago
What is motion for trial setting preference?Say hearing date is Dec 1, and I just want it to move earlier to November as an example. And how should I call this motion?
Customer reply replied 27 days ago
the motion itself is to continue trial. But I am doing an motion to move the hearing date of this "motion to continue trial" earlier.

It is how you move this up.Can you please rate this question.I have given you like 30 answers here and no rating.It is how we get paid.Thanks so much.If you want to do unlimited chat accept the offer I sent.

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Customer reply replied 27 days ago
If you look back, I asked this question 10 times and you still haven't give me an answer. And it is a simplest question of how to call a motion to move a hearing date earlier. LOL

motion for trial setting preference is the way to get a hearing moved forward.A continuance is not the proper motion to do this.I have give you the rule to avoid dismissal above and the name for such a motion.There is no such thing as a motion for continuance to move something forward it is misnamed.

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Customer reply replied 27 days ago
I think you mistake it. The motion itself is motion to continue trial. It is scheduled on Dec 1 e.g.Now I want to schedule this motion hearing earlier. And I need a motion to do this. Hence I am asking how to call this motion.
Customer reply replied 27 days ago
There are two motions!

A motion for trial setting preference is the way to get a hearing moved forward rather than continuance.You can title it anything you want here but thats what the rule above calls it.

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Customer reply replied 27 days ago
I am not sure why it is so hard for you to understand. It is a motion to move a hearing date earlier. But that hearing date is for a motion to continue trial. They are two different things!

Then the one here to move it forward us a motion for trial setting preference under the rules.The other motion is motion for continuance.Two different motions.

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Customer reply replied 27 days ago
Why call it trial setting? It is just to move a hearing date earlier, nothing to do with trial.

Motion for preferred setting if you want a specific date here from the judge thats closer.

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Customer reply replied 27 days ago
Ok.

Thanks and have a great evening

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Customer reply replied 27 days ago
I don't have to say preferred setting for hearing date?
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Damien Bosco
Damien Bosco
3,000 satisfied customers
In a Michigan civil action I need to answer a verified
In a Michigan civil action I need to answer a verified complaint with a verified answer. What is the language I need on the attestation and does it have to be notified?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
In a civil case in regarding rule 59 asking for a new trial
in a civil case in regarding rule 59 asking for a new trial due to new evendience who has jursdication … read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,190 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,668 satisfied customers
Law Educator, Esq. (Only) I filed amended motion to dismiss
Law Educator, Esq. (Only) I filed amended motion to dismiss before. You advised me yesterday to amend it and add the homestead exemption issue. should I withdraw the first amended motion to dismiss an… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,627 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,429 satisfied customers
1. Code of Civil Procedure-CCP 367 said every action must be
1. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that c… read more
socrateaser
socrateaser
1,031 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
43,556 satisfied customers
I received a letter for. A motion to dismiss which reads as
I received a letter for. A motion to dismiss which reads as follows, comes now the court ,pursuant to rule 41 and directs that all parties appear to consider whether this. Case should be dismissed for… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Law Educator, Esq. (ONLY) This is on the motion to dismiss
Law Educator, Esq. (ONLY) This is on the motion to dismiss that the plaintiff does not want the Judge to see. I went to Court on the 14th for the motion but I was very sick. I filed a motion tor conti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Second opinion] A motion to dismiss some defendants was
second opinion] A motion to dismiss some defendants was granted over 30 days ago but there is still no final judgment on the case. Is there any reason I can't make a motion to vacate those dismissals … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
If the federal court grants a party's motion to dismiss with
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?… read more
Andrew
Andrew
Attorney
Juris Doctorate
186 satisfied customers

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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