Shortened Time (Ex Parte), How Can I Have A Motion Heard Like This?

Generally the Local Bankruptcy Rules require a hearing to be set on at least 21 days notice. Hearing dates on motions may be set sooner than 21 days if the moving party can establish a reason for the request. Refer to the Local Bankruptcy Rules, in particular Rule 9075-1. Three separate documents must be submitted to the court simultaneously.

A) The first document to file is the "Application" to have a motion heard on shortened time (i.e., an Ex Parte Application) which must explain the reasons and must contain admissible evidence to support the need to have a motion heard on less than 21 days notice. File the Application and on the same day deliver one copy directly to the judge's chambers.

B) The second document to file is the "Motion" that the party wants the judge to hear on shortened time. The motion must identify the ruling sought, and the motion must contain the legal grounds and admissible evidence for granting the motion. File the motion and on the same day deliver one copy, along with the Application, directly to the judge's chambers.

C) The third document is a "Proposed Order" that the judge can sign to grant or deny the Application to have the motion heard on shortened time. Lodge the proposed order with the court and on the same day deliver one copy directly to the judge's chambers. If the order is not lodged electronically, the original and copies will be delivered to the clerk's office intake window. See form Order Shortening Time [Local Bankruptcy Rule 9075-1(b)].

See Judge's Procedures page to find out if the judge has additional procedures for setting hearings on Ex Parte Applications. If the judge grants the Application, the court will contact you with a hearing date and instructions for providing notice of the hearing and for serving the motion.

FAQ Type: 
After Filing Bankruptcy