Ca Motion Form
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What does motion mean for court?
One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.
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What is an example of an ex parte motion?
For example, if a person wants to get a restraining order against someone, they may file an ex parte motion to ask the court to issue the order without notifying the other person. The court will then decide whether to grant the order based on the information provided by the person filing the motion.
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Why would an ex parte be denied?
Why Would an Ex Parte Be Denied? An ex parte order might be denied for several reasons: Insufficient Evidence: If the petition doesn't provide enough evidence to prove that the child is in immediate danger, the judge may deny the ex parte order.
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How many days notice for a motion in California?
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery.
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What is required for a motion in California?
The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion. If the papers are personally given to the opposing side it is called personal service.
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What is ex parte in simple terms?
Latin term meaning "by or for one party." The term refers to an attorney's communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties.
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What are examples of ex parte proceedings?
Examples of situations where the court may approve an ex parte order include, but are not limited to: Writ of possession for property that was stolen. Temporary restraining order where there is immediate danger that property may become unavailable for levy.
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What does ex parte motion mean?
An ex parte motion is when someone asks a court to make a decision without telling the other side. This means that the court only hears from one person before making a ruling. It's different from a contradictory motion, where both sides get to argue their case.
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