How do I reschedule an unlawful detainer trial?

Asked over 1 year ago - Oakland, CA

I filed a memorandum to set trial (UD form), specifying one date I was unavailable due to travel. I just got a notice from the court saying they set the trial on that very day.

I read that you can file a motion or go "ex parte" but since this is a UD case, do the same standards apply? Could I just file a counter memo (UD form) and try to reset? What about a letter to the court showing they made an error?

Attorney answers (3)

  1. Charles Richard Perry

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . The same standards do apply for ex parte matters.

    I would contact the court clerk, point out the error, and see if they will issue a new date. Alternatively, see if the tenant will stipulate to a new date. If not, you will need to make a motion (ex parte or otherwise) to move the date.

  2. Robert Bruce Kopelson

    Contributor Level 20

    5

    Lawyers agree

    Answered . UD trials have a priority in setting. Also, most courts have certain days they hear certain types of cases. It may be that your unavailability was the day they hear these trials, and the only day w/in the precribed period for UD trials. You may want to consult with a local UD lawyer. Im moving this question so you might get a better answer.

  3. Alan James Brinkmeier

    Contributor Level 20

    4

    Lawyers agree

    Answered . Set it with the court

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