Does an Ex party Application to continue a trial date need a judges signature? 19 Answers as of April 10, 2013

I fired my first attorney, and I need to get a continued trial date. Does an ex party application need a judges signature?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
The application does not, but the order granting or denying it does.
Answer Applies to: Michigan
Replied: 2/4/2013
Henry Lebensbaum | Henry Lebensbaum
You have to file a motion, serve it on the other party, schedule a hearing date, and advise the other party of the hearing date. If the other side agrees to the motion, you can file an assented motion. The judge will decide. Get a lawyer.
Answer Applies to: Massachusetts
Replied: 1/28/2013
Ross Scaccia Attorney at Law | Ross Scaccia
Short answer - Yes
Answer Applies to: Louisiana
Replied: 4/10/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If you have a trial date and you make an ex parte application to continue the trial date, it will require a ruling and order from the judge, either granting or denying your ex parte application. If the judge grants it, he or she will set a new trial date. The order could be a minute order or a formal written order submitted by you and signed by the judge. Just ask how the judge wants to do it when you go to the hearing. If you have a personal injury case going to trial sooner or later and have fired your attorney, I hope you are on the lookout for another attorney to represent you, unless you are an attorney yourself and know how to try the case. Good luck.
Answer Applies to: California
Replied: 1/26/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
Ex Parte Applications do need an order granting the relief sought. A proposed order should be attached to the Application. If you have agreement of all the parties, that fact should be stated in the Application. You should also ask for a specific date or within a particular time frame.
Answer Applies to: California
Replied: 1/26/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In order to continue a trial date, you must have the Court's approval-which would be the Judge's signature. However the Court will like look at an ex parte application with a jaundiced eye. We would encourage you to serve your request for continuance of the trial date on the other side.
    Answer Applies to: Nevada
    Replied: 1/26/2013
    Durham Jones & Pinegar | Erven Nelson
    You need to submit an order for the Judge to sign continuing the trial date.
    Answer Applies to: Nevada
    Replied: 1/26/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    If you are in California, you need to file a substitution of attorneys, naming yourself as your own representation (in pro per). You should file that along with the Ex Parte Application. The Application itself doesn't need the Judge's signature, but what you are trying to get through that Application is an Order of the Court continuing the trial which order will have to be signed by your Trial Judge. Some Judges will not continue a trial on an ex parte application but only on a fully noticed motion.
    Answer Applies to: California
    Replied: 1/26/2013
    Ricks & Associates | Kenneth R. Ricks
    The Application itself does not need a judge's signature, only the Order for a shortening of time for the hearing on your motion to continue the trial or the Order to continue the trial date require a judge's signature.
    Answer Applies to: California
    Replied: 1/25/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The application does not need the judge's signature. However, the judge's decision regarding the application does. Also, ex parte requests are not allowed except in rare instances. Therefore, if you move, ex parte, for a continuance, the judge may deny your request. Judge's do try to give some help to pro se litigants, and a judge may fix the problem by sending a copy of your ex parte application/motion to opposing counsel, but it would be best to follow the proper procedure, which in Supreme Court would be to discuss your continuance request with opposing counsel and find out if he/she objects to your request, write a letter to the Chief Administrative Judge for the judicial circuit where the case is pending (it can be sent by fax) and send a copy of the letter to opposing counsel (put cc: [insert name opposing of opposing counsel] at the end so the judge knows you sent it to opposing counsel, and in the letter state the reason(s) you need a continuance, and state that you have discussed this with opposing counsel and he/she objects or doesn't object, or that you attempted to discuss it but opposing counsel could not be reached.
    Answer Applies to: South Carolina
    Replied: 1/25/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    Yes because that merely allows you to shorten the notice time for filing motion to continue.
    Answer Applies to: California
    Replied: 1/25/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    The ex parte application is your document and does not need a judge's signature, the order granting the ex parte application does.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    Mike Lewis Attorneys | Mike Lewis
    You can file the request for a continuance on your own, without an attorney, but you will need to comply with the local rules regarding the form and content of the motion. Those rules can be obtained from the trial court administrator in the county where your case is to be tried.
    Answer Applies to: North Carolina
    Replied: 1/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Mixed up here. Why would a judge apply to a judge to continue a case? You may ask for a continuance and the judge will often permit that in order for you to locate new counsel. Why don't you hire your lawyer and let him worry about it?
    Answer Applies to: North Carolina
    Replied: 4/10/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    An ex parte communication with the Court can be proper under certain circumstances, but not when one of the litigants is seeking a continuance of a trial due to firing an attorney. A formal motion should be filed and the other party should be able to respond in kind. However, in answer to your question, the trial will not be continued until the judge signs an entry or order continuing the trial.
    Answer Applies to: Ohio
    Replied: 1/25/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The application does not, but the order granting or denying the application does.
    Answer Applies to: New York
    Replied: 1/25/2013
    Seth Wiener
    Seth Wiener | Seth Wiener
    The ex parte application does not require a judge's signature, but there will not be any continuance without an order signed by the judge.
    Answer Applies to: California
    Replied: 1/25/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: I'm not sure you understand the words you're using. A judge will have to sign any motion to continue the trial date. The judges are prohibited from having ex-parte communication. An ex-parte communication is one where the judge meets with fewer than all the parties to the lawsuit and that's not going to happen. File the motion and the judge will set it for hearing.
    Answer Applies to: Iowa
    Replied: 1/25/2013
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