Form 8-81

This motion may be adapted for a variety of emergency situations and should be amended as necessary to reflect the specific procedures and protocols in place in the court to which it is addressed.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Use of Emergency Procedures

This Motion for Use of Emergency Procedures is brought by [name of movant], [party designation].

1.The contact information for the parties is:

a.Movant, [name of movant], is [represented by [name of movant’s attorney]/self-represented]. Movant’s email address is [email address] and telephone number is [telephone number]. Movant is the [party designation] in this suit.

b.Respondent, [name of respondent], is [represented by [name of respondent’s attorney]/self-represented]. Respondent’s email address is [email address] and telephone number is [telephone number]. Respondent is the [party desig­nation] in this suit. [Include if respondent is pro se: Respondent [has/has not] filed pleadings or otherwise made an appearance in the suit.]

2.The parties have agreed to this motion and will submit an agreed order to the Court for approval.

2.The parties have not agreed to this motion.

3.Pursuant to [describe order permitting emergency procedures] and subject to con­stitutional limitations, Movant requests the following procedures apply for a stated period ending no later than thirty days after the state of disaster in this county is lifted:

a.The Court modify the deadline for [deadline’s description]. The deadline cur­rently is [current deadline]. The Court should modify this deadline to [pro­posed deadline] because [reasons supporting modification of deadline].

b.The Court suspend the deadline for [deadline’s description]. The deadline currently is [current deadline]. The Court should suspend this deadline because [reasons supporting suspension of deadline].

c.The Court modify the [description of procedure to be modified]. The Court should modify this procedure as follows: [description of proposed modified procedure]. The Court should modify this procedure as requested because [reasons supporting modification of procedure].

d.The Court suspend the [description of procedure to be modified]. The Court should suspend this procedure because [reasons supporting suspension of procedure].

e.The Court consider as evidence sworn statements [include if applicable: and unsworn declarations] made out of court. [Include if applicable: The Court specifically should consider as evidence an [affidavit/unsworn declaration] from [name of witness] as evidence in a hearing to [description of hearing].] Unless waived by each party, the Court should require each out-of-court sworn statement [include if applicable: and unsworn declaration] to be served on each party not less than [number] days before the hearing in which it is to be considered as evidence. Unless waived by each party, the Court should require an out-of-court sworn statement [include if applicable: or unsworn declaration] offered as rebuttal evidence to be served on each party not less than [number] days before the hearing in which it is to be considered as rebuttal evidence.

f.The Court, after reasonable notice and access to the participants and the pub­lic, conduct proceedings away from the court’s usual location. [Include if applicable: The Court specifically should conduct proceedings at [location].]

g.The Court make all other and further orders that are deemed necessary and equitable for proceedings in this suit [include if applicable: and for the safety and welfare of the child[ren]].

4.To assist the Court, the following documents relevant to this motion are attached: [titles of each document].

[Name of movant] prays that the Court grant this Motion for Use of Emergency Proce­dures.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Certificate of Conference

I certify that a reasonable effort has been made to resolve the issues addressed in this motion without the necessity of court intervention and has failed.

   
[Name]
Attorney for [name of movant]