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Court's too long waiting time to hear a motion, what's the strategy?

City Of Industry, CA |

court's earliest available date to hear a motion to compel discovery is about three months away , and court clerk says they don't do ex part application of shortening time . The motion is not urgent to do ex parte , but waiting three months is just too long and delays subsequent litigations . Any options to do ? Shall it be made as ex parte motion 16 courts away but serve the motion today , which gave other party ample time to respond ?

"16 courts" shall be "16 court days"

Attorney Answers 4


  1. Due to the budget constrictions and closing of courtrooms and courthouses, your experience is the tip of the future iceberg in California. I don't think the ex parte appoach will work, but other attorneys may differ.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. As correctly noted by Mr. Doland, the budget issues are slowing everything down for everyone. The only cases moving are the criminal matter which have constitutionally mandated time limits.

    The information given is generic and does not constitute legal advice, which would only be given after a consultation and complete review of the specific facts of your case.


  3. I have heard of ex parte applications to compel discovery when you received no response whatsoever and there are no collateral issues such as purported agreements to extend the time to respond. You could not, however, receive sanctions.

    If you want to compel further answers because you don't like the ones you got, you will have to schedule a noticed motion.


  4. Some judges will do (and some demand) a discovery meet and confer ex parte, in hopes that everyone (especially the court) can avoid a motion to compel. The judge then gives the parties a good idea of how he/she might rule. I would think the clerk would've mentioned this, but it might be worth a call back to the department to see if it's an option.

    The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your individual situation. This attorney is only licensed to practice law in California. Your question and this answer do not create an attorney-client relationship. Do not send/post any confidential information. For more information, visit: www.thesandiegolawfirm.com

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