What should you do (or what doc should you file), if the clerk inadvertently took a motion off calendar. In other words, should you simply refile the motion to get it back on calendar (which I think may cause some problems with timelines), or file some sort of Ex Parte Motion to have the motion heard or calendared. Also opposing party did file an Opposition to the Motion, and I filed a reply, and found out on the day the hearing was suppose to be, that the motion was taken off calendar.
Call the clerk or go to the courtroom which the case was to be heard and discuss it with the clerk NOT THE JUDGE. Ask him or her if it would be ok if you have it put back on calendar. Then go to the clerks office and say "I just spoke to Ms. X who said its ok for me to put this on calendar"
That is what I would do as an attorney. My experience of calling the clerks office is sometimes futile because they won't put in on without that courtroom clerks permission anyway and if you go directly to the clerks office - then courtroom clerk gets pissy.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
The clerk of the courtroom in which the motion was to be heard can put the motion back on calendar, either for the same day, or on a new date. This will obviate the necessity for you to re-file the motion. It is generally better to come back on a new date because otherwise the judge (and research attorney, if any) will not have had a chance to review the motion, opposition and reply.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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