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Emergency Motion

Before filing

  1. 1

    Confirm the matter is a true emergency

    Imminent, irreparable harm that regular scheduling cannot address — divisions reject mislabeled emergencies.

  2. 2

    Read the division's emergency-motion instructions before filing

    Emergency procedures are judge-specific; check the division page first.

Filing

  1. 3

    Title the motion as an emergency and follow the circuit's emergency-review procedure

  2. 4

    Serve the opposing party immediately

    Unless seeking ex parte relief the law permits.

Scheduling

  1. 5

    Contact the judicial assistant per division instructions

    Do not simply set an emergency motion on the regular motion calendar.

After the hearing

  1. 6

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.