Can a hearing on a motion be rescheduled? Does it require consent of both plaintiff and defendant?

Asked over 2 years ago - Los Angeles, CA

It's a hearing on a motion in a civil lawsuit. It's been scheduled for a week before another hearing on a demurrer to the complaint. Would make more sense if the court is okay with it.

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Yes, motions can and often are rescheduled, especially when there is another hearing in the same case set to be heard around the same time.

    In many instances, if you are in the Los Angeles Superior Court, the moving party of the motion/demurrer can simply call the courtroom clerk to advise of the situation, and the clerk can change the hearing date and ask that the moving party give notice of the continuance to all parties.

    Otherwise, the parties can always submit a written stipulation to the court to change the motion hearing date.

    Or, the moving party can unilaterally call the clerk to change the hearing date and then serve an amended notice of motion.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  2. Paul Y. Lee

    Contributor Level 18


    Lawyers agree


    Answered . Attorney Chen has provided an excellent response. If you are the moving party, you can unilaterally take the motion off calendar and refile and notice the hearing for a different date. As noted, if both parties agree you can call up the clerk and ask to move the hearing to a different date. Usually the clerk will reschedule if there is another motion or related event occuring on another date and it makes sense to have everything heard at the same time. The clerk may also agree to move the date if both parties agree and there is no compelling reason not to move the date.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  3. Kevin Samuel Sullivan


    Contributor Level 20


    Lawyers agree

    Answered . the parties can agree to change the hearing by stipulation.

  4. Heather Theresa Flynn

    Contributor Level 3


    Lawyer agrees

    Answered . It does not require the consent of both plaintiff and defendant if one party files a motion or application with the court asking the judge to order that it be continued. Nonetheless, you should first try to obtain the other party's consent and have your attorney prepare a stipulation to continue the date, file it with the court and the judge will most likely reschedule the hearing.

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