When and How to Shorten Time for Discovery in California: 4 Questions to Consider

Estimated reading time: 5 minutes

Schedules, protocols and procedures established in the interest of fairness and proper notice are what make the legal world go round. But what’s a rule without an exception? When the complexities and urgencies of your case make the usual timelines for gathering and exchanging information impractical or detrimental, expediting discovery might be the solution.  

California attorneys have two options for obtaining orders shortening time for discovery: stipulation, where all parties agree to adjust the timeline, or ex parte order, which can proceed without waiting for responses from everyone involved. However, it’s one thing to recognize the need for this measure and another to obtain the order granting it.  

Here are four key questions to ask as you prepare your filing, including a breakdown of the steps involved, the relevant circumstances, procedures and strategic considerations.  

Do your circumstances warrant the order? 

Shortening time for discovery might make sense for your client, but are you actually in a position to seek an order granting it? Judges often deny ex parte orders unless there is a true emergency or exigent circumstance — and they generally won’t grant a faster timeline just because a party was slow or unprepared. Shortening the time for legal processes is reserved for exceptional cases, so you must have a good reason to request extra effort from the court and other parties.  

Justifications for an order shortening time for discovery include: 

1. Needing to secure a protective order or quash a subpoena in anticipation of an event occurring before the motion will be heard.  
2. Addressing an impending statutory or filing deadline that will otherwise be missed.  
3. Handling an urgent issue that arises between the final status conference and trial — but only if the parties can’t resolve it. 

Before asking a judge to speed up proceedings, try to delay the event the usual way by giving proper notice and waiting for the regular hearing time. If you’ve made an effort to negotiate or work things out with the other side and they still refuse to cooperate, the court will be more willing to agree to an expedited process. 

Do both parties agree? 

If both sides agree to speed up the timeline for a court hearing, they can draft a written stipulation. Contact the clerk to ensure the judge can accommodate the new date, time and place you’re proposing, and check local rules and practices for any special requirements. With the court’s approval, the stipulation will act as an official order shortening the timeline for discovery. 

If you’re requesting an ex parte order — which can be granted virtually on the spot with almost no notice to opposing parties — you’ll need to submit a formal application to the court. When requesting this kind of order, try to offer different options resulting in similar outcomes. For instance, if you want to challenge a third-party subpoena, you could ask the judge either to expedite the hearing or pause the subpoena unless or until the hearing happens. 

What are the applicable rules? 

Although applications to shorten time are usually made by the moving party, the opposing party can also make the request if they desire an earlier hearing date.  

If you’re seeking an ex parte order to shorten time for discovery, you must go to court in person — but this doesn’t necessarily mean you will get to talk directly to the judge. The decision could be made based on the written documents you provide, or you might only discuss the request with court staff, the judge’s clerk or a research attorney. 

When explaining your request for a faster court hearing, avoid getting sidetracked by the details of your case and instead focus on diligence and urgency. Demonstrate that you’ve been timely and responsible in handling the case so far and highlight why it’s important to shorten time for discovery. 

What should the application include? 

An ex parte application for an order shortening time must include the following: 

1. The case caption and relief requested. For example: “Ex Parte Application for Order Shortening Time for Notice of [Plaintiff’s/Defendant’s] _ _ _.” It should also include the names and contact information of all attorneys involved and disclose any previous ex parte applications and their outcomes.  
2. A factual showing of irreparable harm, immediate danger or any other statutory basis for granting relief ex parte under the California Rules of Court 3.1201(2) and 3.1202(c). Here, it’s crucial that you justify why time must be shortened and demonstrate any efforts you’ve made to avoid doing so. 
3. A declaration demonstrating that notice was properly given. This is typically the first thing the clerk looks for, so it’s helpful to highlight or flag this section in the document to ensure it’s not overlooked. If you give notice to the relevant parties after 10 a.m. the day before the ex parte appearance, you must point to exceptional circumstances. Notice periods can be shorter in unlawful detainer proceedings as long as they are “reasonable” under Rule 3.1203. 
4. A memorandum citing the authorizing statute and briefly summarizing why a shorter timeline is necessary. 
5. A proposed order that addresses when motion papers should be served, when opposition papers and reply papers are due, how papers should be served, and the date, time and place of the hearing. 

Once you’ve addressed all the above questions, you’re ready to file and serve your ex parte application. But remember: you must serve it to all other parties at the first reasonable opportunity. If you prepare the application well in advance but delay serving it until the hearing, a judge might deny your motion. To avoid any mix-ups, always check your local court rules early on for any specific deadlines or procedures for discovery in your area. 

Leverage CEB for your litigation practice by scheduling a demo — and find explainers on discovery motions practices and sanctions here.