Emergency Motion

Emergency Motion

Emergency Motion

Emergency motions request expedited consideration, typically requiring a showing of the emergency's nature and why ordinary briefing is inadequate. Local rules define what qualifies and the required certification.

Most are filed with notice unlike ex parte applications.

Alternative Names:

Expedited Motion, Motion for Emergency Relief

Why it Matters?

Courts and clerks screen these motions and recharacterize as ordinary anything that does not present a genuine emergency, which delays it further than normal filing would have. Self-created urgency from delayed filing is the most common basis for rejection. Contacting chambers or the clerk before filing to confirm the procedure is standard practice and frequently produces guidance on how the judge wants the matter presented.

Frequently asked questions

What causes emergency motions to be rejected?

What causes emergency motions to be rejected?

Self-created urgency from delayed filing, which courts recharacterize as ordinary and consider on the normal schedule.

What is standard practice before filing?

What is standard practice before filing?

Contacting chambers or the clerk to confirm the procedure, which frequently produces guidance on how the judge wants it presented.