You represent the PLAINTIFF. The 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 anddraft an Ex Parte Motion to continue the trial.

Please explain how you would give notice.

Then prepare the Ex Parte Motion.

Reference

The code governing this request is C.C.P. 128.5, which states 128. (a) Every court shall have the power to do all the following:

(5) To control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with a judicial proceeding before it, in every matter about that.