How to file an ex parte motion in Orange County, California, family cour?

Do you want to do this by way of an ex parte? An ex parte requires an actual emergency or irreparable harm before it is granted. You could go to court and simply ask for a continuance. If this is the first setting, there shouldn't be a problem getting a continuance in the OC courts. Which judicial officer is this? Has this been set more than one other time before? It also depends on the issues before the court, and your evidence. What evidence are you trying to obtain? The court may want to know if you did what you were supposed to do to get the evidence by the court date, or if you just sat around and didn't do anything until you needed more time. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client relationship or privilege between you and the attorney responding. Do not use this or any answer by the responding attorney as a substitute for competent legal advice from a licensed professional attorney practicing in the area in which your question pertains with whom you have an attorney client relationship. The law frequently changes and will be different from state to state. The response provided above is general in nature, and is based solely on the facts provided in the question. Fact not included in the question may have a bearing on the response.

I would agree with Annette, because the court does not appreciate when parties bring ex parte hearings when no emergency exists. Ask the other side for a continuance, first requests are most likely granted. If not granted ask the court for a continuance of the hearing and provide your reasons. Also, you can serve a request for production of documents at time of hearing or notice to appear and produce if you have time. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship. http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318 http://www.youtube.com/watch?v=Fvm9UzTzEvc www.ocdivorceteam.com

Ex parte relief is appropriate when there is 1) an emergency or 2) a calendaring issue. You have a calendaring issue so ex parte is appropriate-in particular you are asking for a new calendaring date to issue for a set hearing. You or your agent (preferable) needs to notify opposing party of when and where you intend to go ex parte by 10am the day before. That person should execute a declaration telling the court how they gave the notice. Also the day before, you want to notify the court and make sure they are available for ex- partes at that time. When you go to court get there early because there is an "ex parte application" you can get from the clerk. Its multiple pages of the old carbon-type paper so use a ballpoint pen to fill it out. To be completely professional you should have an ex parte application, a declaration regarding notice of ex parte, a declaration re evidence supporting your request, points and authorities in support of your request, etc. Each court is different when it comes to how seriously they take the formalities of California law. Good luck, and feel free to call if you have further questions.