Unavailability of counsel because of… Substitution of trial counsel, only where substitution is required in interests of justice Addition of new party if: New has not had reasonable opportunity to conduct discovery or prepare for trial Other parties have not had reasonable opportunity to conduct discovery or prepare for trial Party’s excused inability to obtain essential testimony, documents, or other material evidence Significant, unanticipated change in status of case Other factors to consider Proximity of date Whether previous continuance Length of continuance requested Availability of alternative means to address problem Prejudice suffered by parties due to continuance calendar’ Motion to be relieved as counsel CRC 3.1362 Motion to be relieved as counsel – Notice and motion must be directed to client No memo required, but must have supporting declaration State in general terms why motion is being brought Notice and motion/declaration must be served on client and all other parties (personal service or mail) Forms #9 Ex parte practice Getting a judge to do something on less than regular notice (16 days) Emergency or Routine scrutinizes ex parte applications closely General standard Rutter 9:345–349.3 L.A. Rule 3.26/Appendix 3.a(j)(3) St. Paul Fire & Marine Ins. Co. v. Superior Court Deposition should have been stayed while TAKEAWAY: motion to end depositions was reviewed with full notice, instead of ex parte P moves ex parte to end P’s depo early, as she had 2 children (this was before the 7 hour limit on depos) Court grants order without argument, on appeal is reversed since D did not have opportunity to opposed and be heard on motion Ex motions are reserved for when you really need them P also did not seek meet and confer
Unavailability of counsel because of… Substitution of trial counsel, only where substitution is required in interests of justice Addition of new party if: New has not had reasonable opportunity to conduct discovery or prepare for trial Other parties have not had reasonable opportunity to conduct discovery or prepare for trial Party’s excused inability to obtain essential testimony, documents, or other material evidence Significant, unanticipated change in status of case Other factors to consider Proximity of date Whether previous continuance Length of continuance requested Availability of alternative means to address problem Prejudice suffered by parties due to continuance calendar’ Motion to be relieved as counsel CRC 3.1362 – Motion to be relieved as counsel Notice and motion must be directed to client No memo required, but must have supporting declaration State in general terms why motion is being brought Notice and motion/declaration must be served on client and all other parties (personal service or mail) Forms #9 Ex parte practice Getting a judge to do something on less than regular notice (16 days) Emergency or Routine scrutinizes ex parte applications closely General standard Rutter 9:345–349.3 L.A. Rule 3.26/Appendix 3.a(j)(3) St. Paul Fire & Marine Ins. Co. v. Superior Court TAKEAWAY: Deposition should have been stayed while motion to end depositions was reviewed with full notice, instead of ex parte P moves ex parte to end P’s depo early, as she had 2 children (this was before the 7 hour limit on depos) Court grants order without argument, on appeal is reversed since D did not have opportunity to opposed and be heard on motion Ex motions are reserved for when you really need them P also did not seek meet and confer
California-Civil-Procedure-Wohrle-2015.docx