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3.4

The Surprise Motion

An Ex Parte motion is an emergency hearing which the
Court places on its calendar to be heard the next day. It only
requires notification by telephone to all the concerned parties,
and opposition paperwork must be served on the parties in
the courtroom and argued before a Judge during the hearing.
Ex Parte Motions allow both parties to present a memo-
randum of points and authorities, which presents the Judge
with established laws and past cases-referred to as prece-
dents. In other words, standards, guides and patterns. An Ex
Parte Motion also allows both parties to submit a declaration,
which is a signed affidavit under oath, containing pertinent
facts pertaining to the action that is before him/her, along with
exhibits that can offer proof of the submitted statements.
On August 16, 1993, the law office of Freeman and Golden,
June Schwartz's attorneys, called the law office of Barry
Rothman and informed him that they would be appearing in
court the very next day to obtain an Ex Parte order demand-
ing the immediate return of the 13-year old Chandler boy. This
motion filed by June Schwartz's attorney must have caught
Mr. Rothman and Dr. Chandler off guard-it obviously was
not a part of their plan and must have placed them in a panic
as to how to deal with it.
I feel it's worth mentioning that attorneys are like doctors;
they specialize in certain areas of law. Mr. Rothman, being an
entertainment attorney, which primarily deals with contracts
and negotiations, was lacking in the area of litigation skills.

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