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Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

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[Attorney name]
[Address]
[Telephone number]

Attorney for [e.g., Plaintiff], _[name]

_ _ _ _ _ _ Court, County of _ _ _ _ _ _
[_ _ _ _ _ _ District]

_ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _
Plaintiff(s) )
v. ) APPLICATION FOR EX PARTE ORDER
) [EXTENDING TIME TO SERVE/
_ _ _ _ _ _ _ _ _ _ _ _ _ ) SETTING NEW HEARING DATE ON]
Defendant(s) ) [NAME]'S MOTION [SPECIFY
____________________________) NATURE OF ORDER SOUGHT];
ORDER

[Name] declares:

1. I am an attorney for [e.g., plaintiff], [name], in this action.

2. This is an action [specify nature of action].

[Option 1: To extend time]
3. [Specify statute or rule] would normally require notice of a motion for [specify nature of order sought] to be served in this action by [date].

4. [Applicant's name] needs an extension of time until [date], to serve such a notice of motion for the following reasons: [State reasons].

[Option 2: To reset hearing date]
3. [E.g., Plaintiff] has served a notice of motion for [specify nature of order sought] that sets a hearing on the motion for [date].

4. [Applicant's name] asks that the date of that hearing be changed to [date], for the following reasons: [State reasons]. [Continue]

5. I have notified counsel for all other parties [and all unrepresented parties] that this application would be presented at this time and place by [briefly describe method of notifying other counsel and parties].

6. [Continue declarant's statements].

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct.

Date: _ _ _ _ _ _ [Signature]
[Typed name]
Attorney for _ _ _ _ _

ORDER

Good cause appearing,

IT IS ORDERED that:

[Option 1: If time to serve is extended]
1. [E.g., Plaintiff]'s notice of motion for an order [specify nature of order] [, papers for which were submitted with the above application,] may be served before [date].

[Option 2: If hearing date is reset]
1. [E.g., Plaintiff]'s motion for [specify nature of order sought], previously set to be heard on [date], will instead be set for hearing at [time] on [date], in [e.g., Department _ _ _ _ _ _] of this Court at [address].

[Continue with other orders, e.g.]
2. This order and the attached notice of motion and supporting papers must be served [by personal delivery] on the attorney of record for each party [and on each unrepresented party] by [date].

Date: _ _ _ _
Judge

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