A motion for expedited hearing is a short, focused filing that asks a judge to hear your underlying motion sooner than the court’s normal calendar allows, and a usable example of one leads with concrete facts, names the rule that permits shortened notice, and ends with a specific proposed hearing date. In federal court, the default is 14 days of notice before a motion is heard, and Federal Rule of Civil Procedure 6(c)(1) lets a judge shorten that window when a party shows good cause.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 The example and the drafting guidance below are built around that standard.
Sample Motion Language
Treat the following as a framework. The caption, numbering conventions, and local requirements vary by court, so always conform the final document to your jurisdiction’s rules.
IN THE UNITED STATES DISTRICT COURT
FOR THE [DISTRICT NAME]
[PLAINTIFF NAME], Plaintiff,
v.
[DEFENDANT NAME], Defendant.
Case No. [XX-XXXX]
MOTION FOR EXPEDITED HEARING
Plaintiff [Name] respectfully moves this Court for an order setting an expedited hearing on Plaintiff’s [Motion for Temporary Restraining Order / Motion to Compel / other substantive motion], filed concurrently herewith. In support of this motion, Plaintiff states:
1. On [date], [describe the triggering event or deadline that creates urgency].
2. If this matter is not heard before [date], [describe the specific, concrete harm that will result, such as loss of property, expiration of a contractual right, or danger to a person].
3. This harm cannot be remedied by a later court order because [explain why the damage is permanent or why monetary compensation is inadequate].
4. Plaintiff has not caused or contributed to the urgency of this matter. [Briefly explain the timeline showing diligence.]
5. Good cause exists under [Rule 6(c)(1) / applicable local rule] to shorten the notice period and set a hearing within [number] days.
WHEREFORE, Plaintiff respectfully requests that this Court set a hearing on Plaintiff’s [substantive motion] on or before [proposed date], and grant such other relief as the Court deems just and proper.
Respectfully submitted,
[Attorney Name], Bar No. [XXXXX]
[Firm Name]
[Address]
[Phone] | [Email]
CERTIFICATE OF SERVICE
I certify that on [date], a copy of this motion was served on [opposing counsel/party name] by [method of service].
The example leads with facts, not conclusions, and that order matters. Judges hear “irreparable harm” every day. What persuades them is a specific timeline with a concrete consequence at the end of it.
What Each Part of the Motion Does
A motion for expedited hearing stands or falls on a handful of elements. The caption, title, and signature block satisfy federal formatting rules, which require every pleading and motion to include a caption with the court’s name, a case title, and the file number.2Legal Information Institute. Federal Rules of Civil Procedure Rule 10 Every written motion must also be signed by at least one attorney of record (or by the party personally if self-represented) with the signer’s address, email, and telephone number.3Legal Information Institute. Federal Rules of Civil Procedure Rule 11
The substantive body needs several things working together:
- A detailed factual basis for urgency, with dates, deadlines, and concrete consequences. Vague inconvenience is not enough.
- The legal standard you are invoking. For most federal expedited requests, that is Rule 6(c)(1)’s good-cause provision. If you are seeking a temporary restraining order or preliminary injunction, address irreparable harm directly.
- A specific proposed timeline. “An expedited hearing within seven days” tells the court something; “as soon as possible” does not.
- A prayer for relief that spells out exactly what you want the judge to do, such as setting a hearing by a specific date or shortening the opposition’s response deadline.
- A certificate of service confirming delivery to all other parties, with the date and method.
Many courts require the motion for expedited hearing to be filed as a separate document from the underlying substantive motion. If you are filing a motion to compel discovery and want it heard quickly, you file two documents: the motion to compel and a separate motion requesting the expedited hearing. Combining them into one filing can leave neither properly processed.
Declarations and Exhibits That Back the Motion Up
The motion carries the argument. The evidence makes it believable, and expedited requests get extra scrutiny precisely because the court is being asked to move faster than usual.
The most common supporting document is a sworn statement from someone with personal knowledge. In federal court, this does not need to be a notarized affidavit. Under 28 U.S.C. § 1746, an unsworn written declaration signed under penalty of perjury has the same legal weight as a notarized affidavit.4Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury The declaration must state that the contents are “true and correct” under penalty of perjury, and must be signed and dated. That matters when time is short and locating a notary would itself cause delay. State courts vary on whether they accept unsworn declarations, so check local rules.
A verified complaint or petition can also do the work of an affidavit in some courts. Rule 65 specifically permits either an affidavit or a verified complaint to support a request for a temporary restraining order.5United States Courts. Federal Rules of Civil Procedure – Rule 65
Attach exhibits that corroborate the timeline: contracts with approaching deadlines, medical records showing an immediate health risk, correspondence proving the opposing party’s intentions, photographs of deteriorating conditions, or official notices with fixed response dates. Label each exhibit and reference it by letter or number in the body of the motion. A judge reviewing an expedited request is working fast, and the evidence should be easy to find.
What Courts Look For When They Decide Whether to Grant It
Not every expedited request involves irreparable harm. Many sit below that threshold: a contractual deadline is approaching, a property sale is closing, or an opposing party is leaving the jurisdiction. Courts evaluate those situations under the good-cause standard built into Rule 6(c)(1).1Legal Information Institute. Federal Rules of Civil Procedure Rule 6
Federal law also gives courts broader authority to prioritize certain cases. Under 28 U.S.C. § 1657, courts must expedite any civil action where a party has a right to a preliminary injunction or where a specific federal statute requires prompt adjudication.6GovInfo. 28 USC 1657 – Priority of Civil Actions Outside those specific triggers, convincing a judge comes down to the strength of your factual showing.
One factor quietly sinks many requests: self-created urgency. If you waited weeks to file a motion you knew was time-sensitive, judges notice, and they routinely deny expedited treatment when the moving party’s own delay manufactured the emergency. Paragraph four of the sample motion exists for that reason. Show diligence, or expect the judge to ask why you did not act sooner.
Expedited Hearing, Emergency Motion, or Ex Parte
These three terms get used interchangeably, and mixing them up can get a motion rejected on procedural grounds alone.
- A motion for expedited hearing asks the court to schedule a hearing sooner than normal. The opposing side still gets notice and a chance to respond, just on a compressed timeline. This is the most common form, and it is what the sample above covers.
- An emergency motion claims that without immediate court action, you will suffer irreparable harm. Courts expect a stronger factual showing, and some jurisdictions require a separate certification explaining why the matter qualifies as a true emergency.
- An ex parte motion asks the court to act without giving the other side any advance notice. Federal Rule of Civil Procedure 65 allows a temporary restraining order without notice only when specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury will result before the other side can be heard. The attorney must also certify in writing what efforts were made to notify the opposing party and why notice was impractical.5United States Courts. Federal Rules of Civil Procedure – Rule 65
If the situation is urgent but the other side can realistically be given a few days to respond, an expedited hearing motion is the right vehicle. Reserve emergency and ex parte filings for genuine crises.
Filing, Serving, and Alerting Chambers
Most federal and many state courts use electronic filing systems, so submitting the motion generally means uploading documents through the court’s portal and paying any required fee at the time of submission.
Service on the opposing party is governed by Federal Rule of Civil Procedure 5 for motions filed after the case has started. You can serve the motion by handing it to the other party’s attorney, mailing it, or sending it electronically if the recipient is a registered user of the court’s e-filing system or has consented in writing to electronic service.7Legal Information Institute. Federal Rules of Civil Procedure Rule 5 Given the compressed timeline, electronic service or hand delivery is the practical choice. Mailing a motion and then asking the judge to treat it as urgent is a contradiction judges notice.
One step many filers miss: after filing and serving, contact the judge’s chambers or the clerk’s office. Practices vary. Some judges want a phone call to chambers right after filing; others want a courtesy copy by email. Local rules or the judge’s individual procedures page will say which. Skip this and the motion sits in the regular queue, which defeats the point of filing it.
What Happens After You File
Once the motion is on file, the judge may grant it and set an accelerated hearing date, deny it and let the underlying motion proceed on the normal schedule, or decide the underlying matter on the briefs without an oral hearing at all.
A denial of the expedited request is not a ruling on the merits of your case. Your substantive motion remains pending. You can sometimes refile if new circumstances create genuine urgency that did not exist before, but recycling the same arguments with minor edits wastes everyone’s time and can draw sanctions.
If the court grants an expedited schedule, the opposing party’s response window shrinks to whatever the court orders, sometimes to just a few days instead of the default 14.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6
Sanctions Risk
Filing any motion in federal court certifies that it is not being filed to harass, cause unnecessary delay, or needlessly drive up litigation costs, and that the legal arguments are supported by existing law or a good-faith argument for changing it. A motion that exaggerates urgency, hides the fact that the movant caused the delay, or lacks evidentiary support can draw sanctions, including an order to pay the opposing party’s attorney fees for responding, nonmonetary directives, or a penalty paid into the court.3Legal Information Institute. Federal Rules of Civil Procedure Rule 11 Rule 11 includes a safety valve: withdrawing or correcting the offending motion within 21 days after the opposing party serves a sanctions motion blocks that request from being filed with the court.
Expedited motions attract scrutiny because they impose costs on the court and the opposing party. The practical lesson is to file the motion only when the facts genuinely support it, and to let those facts, not adjectives, carry the argument.