When you want to ask the court to do something in your case, you usually file a Request for Order (FL300) and it can be heard in around a month or two. But what if you need to do it sooner?
The first step is to prepare an FL300 form (Your whole motion) and check the boxes at the bottom of the form. Every county does this differently, so you should ask a clerk how they want to see it. Do you fill it in? Do they?
The second step is to prepare your ex parte notice. Every county does that differently too. The county may have a local form (for example Marin County and Sonoma) that you should use.
Fill the form out as best you can, and then call the other side (or email or fax) prior to 10am the day before you intend to go in and file your FL300 requesting an order shortening time. In Marin County, you have to file it early in the morning at the clerk’s office, then take the papers to the court, where the Judge will hear your ex parte request.
In Sonoma County you won’t ever see a Judge. They take the papers and then bring them back later, often posting the results online.
to recap:
1. draft your whole motion using the FL300
2. Use the FL300 form on the front page to ask for an order shortening time.
3. Give notice prior to 10am the day before you intend to file your ex parte motion (by telephone). Use the local form provided regarding notice.
4. Go in the day you intend to have the matter heard (prior to 8:30am) and file the paperwork. In Sonoma, you are done. In Marin, you get to go to court right away and see the Judge.
Make sure you have a good reason for asking for your case to be moved quickly, and state so in your moving papers.