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Continuances & Expedites

Continuances

Per Local Rule 9014(f):

  1. A motion to continue a hearing must be filed at least THREE business days prior to the hearing date,or state the nature of the emergency making it impossible to have filed it by that date.
  2. The motion must state good cause for the continuance.
  3. The motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical. Failure to include a certificate of conference may result in dismissal of the motion due to non-compliance with Local Rule 9014(f).
  4. The motion should state with as much detail as possible the length of the continuance requested or the date or range of dates requested for the continued hearing.
  5. The motion must be served on interested parties including those parties known or expected to participate in the hearing, who must be served electronically, by facsimile or by some other method reasonably calculated to provide immediate notice.

In addition, to obtain a continuance of a hearing before Judge Davis:

  1. A proposed form of order granting the continuance, in substantially the same form as [Form Order Granting Continuance], must be uploaded (in the Expedite category via E-Orders) when the motion is filed.
  2. The movant must email the Courtroom Deputy (link sends e-mail) when the motion is filed to notify her of the filing.
  3. When notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the continuance to all interested parties and must file a certificate of service reflecting that notice within five days.

Motions to Expedite

Per Local Rule 9014(e), unless otherwise provided by order:

  1. A motion to expedite a hearing or consideration of a matter must state good cause for expediting.
  2. The motion must be filed as a separate pleading from the matter which is requested to be expedited.
  3. The motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical. Failure to include a certificate of conference may result in dismissal of the motion due to non-compliance with Local Rule 9014(e).

See Form Motion to Expedite

In addition, to obtain an expedited hearing from, or expedited consideration by, Judge Davis:

  1. The underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a).
  2. A proposed form of order granting the motion to expedite, in substantially the form as [Form Order Granting Expedited Hearing], must be uploaded when the motion to expedite is filed.
  3. The movant must email the Courtroom Deputy (link sends e-mail) when the motion to expedite is filed, to notify her of the filing.
  4. When notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the hearing to all interested parties and file a certificate of service reflecting that notice.