Q: In a Colorado civil case, can the court rule ex parte on a motion for extension of time to file response to discovery?
Opposing counsel filed motion for extension of time on Friday evening. It states that I am opposed to the motion. I found his email with his motion Saturday evening; I filed my response Monday evening with the court and opposing counsel. He advised me that the court had already granted his motion Monday afternoon. Can a court in Colorado rule that quickly without giving me a chance to file my objection? Can you give me the Colorado rule that would allow this?
A: An Ex Parte application is basically a motion with shortened notice to the opposing side. You are usually told exactly the date, time and place where the motion will be heard by the Court so you can go there, personally or remotely, to present your opposition. You can search for the rule on google by looking for "Ex Parte Notice Colorado" I am sure that you will find several references. The Court probably viewed the application as pretty routine, and unless you are substantially prejudiced by this, it is not likely to reverse itself. If you were not provided proper notice, you may have a point to raise with the Court, but if you were provided notice that the application was going to be heard on Monday Afternoon, it was up to you to contact the courtroom before hand if you could not appear. Thank you for using Justia ask a lawyer.
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