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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. |
[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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