Question
Compoer the ex partemotion using the video as a guide. Use the attached fact pattern as the basis for your motion. Submit to the link
Compoer the ex partemotion using the video as a guide. Use the attached fact pattern as the basis for your motion. Submit to the link above.
USE THE FOLLOWING Ex Parte Motion Fact Pattern
You represent the PLAINTIFF. Trial is set in 20 days and you have just learned that your treating doctor, an expert Neurologist, must leave the country for six weeks to tend to his ailing mother in Europe. He has therefore become unavailable for trial. He treated your client for a rare neurological affliction following the incident. It is too late to file a properly noticed motion to continue the trial. You are asked by the Partner handling the case to give notice and prepare an Ex Parte Motion to continue the trial. Describe how you would give notice. Then prepare the Ex Parte Motion.
The code governing this request is C.C.P. 128.5 which states 128. (a) Every court shall have the power to do all of the following: (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.
You DO NOT need to do any independent research
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