How to file ex parte motion?

All court motions are complicated. It depends on what your reason is and what evidence you have. Generally, you file the motion with all supporting documents and then there is a hearing a few days later where you orally explain to the judge what you want. You need to give the opposing party notice of it, usually talking to them first and documenting that in your papers. I need a lot more information on this one but usually, the Court will note continue a trial unless there is a medical need, you just got an attorney on the case or other compelling reasons..Remember, there are important time deadlines for you to act on your case but you can also contact me personally at work, (619) 296-5884, cell (619) 920-4112 or by email at [email protected] to discuss this matter further, at no charge to you, regardless of length of our call. I cannot be deemed your attorney, however, unless we have agreed to representation, in writing, via a signed, formal contract.

First, you should hire an attoney. If the other side has an attorney and you are unrepresented, you wil almost certainly lose, regardless of the merit of he case. Your question presents just one of the hundreds you may or should have as this case proceeds. But to answer your question, read the California Rules of Court for Civil matters. Then read the local rules for Los Angeles Superior Court. Then read any special rules your court has. The usual practice is for you to file an application for order shortening time for your motions to continue to be heard. You will need to make the application as a declaration under penalty of perjury setting forth the facts that require the hearing to be set earlier than it is now calendared. You will need to obtain a time and date from the court's ca;lendar clerk for the ex parte hearing. You will need to serve that, as well as a proposed order on the other side within the time limits set under the rules I suggested you read and file them with the court also within set time limits. You then go to court on the date and at the time set for the hearing. You explain why the motion must be heard earlier (i.e. it will otherwise happen after trial). The court may just go ahead and set a new trial date then and there without bothering with a hearing on the motion or may schedule the hearing,especially if the other side objects. The courts are now so crowded that you will likely get your continuance and be set for trial next summer some time. Good luck. Get a lawyer.

Great answers already. Just to clarify... You need an ex parte application to specially set the hearing date. In other words, "court, please give me a spot on your calendar..." If that date is so soon that the other side will necessarily get less time than allowed by statute to respond, you also want to move ex parte (in the same paperwork) to "shorten time" meaning, "court, please order that it is okay that the other side have less time than normal to oppose my motion." Good luck to you.