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Can I amend a motion for protective order in a civil case before it's heard?

Los Angeles, CA |

I filed and served a motion for protective order but I decided that i want to add more facts to it, that I think would make it more successful in terms of it being granted. Is it possible that I do that? And if so, how many days before the motion hearing date do I have to file and serve it? Would I have to submit a whole new motion or can I just file and serve the amendments?

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Attorney answers 4

Posted

There are different types of protective orders, so you need to clarify what your purpose is. In some instances, you would actually be making an ex parte application for a temporary restraining order, followed by a regularly noticed motion for protective order or preliminary injunction. Generally speaking, a noticed motion requires 16 COURT days notice before it is heard. Therefore, any amendments would also require 16 court days before the hearing.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

In general you can amend a motion but would have to provide opposing counsel with the proper time to respond if they wish. So you would have to reset hearing date.

Sagi Shaked is a Florida Bar Board Certified Civil Trial Attorney. To schedule a free consultation, call (877) 529-0080 or (305) 937-0191. I am licensed in Florida, therefore, my answers are based on general prinicpals of law or Florida law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only and do not create an attorney client relationship. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is different and fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

You are probably better off simply withdrawing the first motion, and then refiling. It will result in a much cleaner record, particularly if one side or another will later seek to appeal an adverse trial court decision/order.

Posted

if adding facts, you need a declaration. Typically must be done by re-filing your motion. However, your opposing party will likely file an opposition and you may be able to add facts without declaraiton by a Reply Brief instead. Sometimes the courts may ingnore the additional facts, but if its germaine to the Motion, it might be fair game. But, re-filing is a better choice if these additional facts are critical to the PO.

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