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FAQs filing motions
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How long does a motion take in court?
Sometimes it can be as short as three or four weeks other times it can extend out to seven or eight weeks. The best way to find out in advance is to call the court speak with the judges clerk and ask your question.
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Can a motion to dismiss be filed at any time?
A motion to dismiss can be filed by either party in a case at any time during the proceedings, but it's usually filed by a defendant at the beginning of a lawsuit.
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Does it cost to file a motion in court?
It does not cost money to file a motion--a petition requires a filing fee, but not a motion. A motion is filed with the Clerk of the Court and a copy must be mailed or delivered to the other party or the other party's attorney, (if he/she is represented)...
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Can a case be dismissed without going to court?
The plaintiff can dismiss an action without a court order by filing a notice of dismissal before the defendant serves a motion for summary of judgment, or by filing a stipulation of dismissal - which must be signed by the plaintiff and the defendant.
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How do I write a motion for court?
3:50 5:45 Suggested clip Motions Part 1: How to ask the court for something - YouTubeYouTubeStart of suggested clipEnd of suggested clip Motions Part 1: How to ask the court for something - YouTube
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What happens if I don't respond to a motion?
What happens if I don't file an opposition to the motion? If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side's motion automatically. ... It also might mean you lose the case, depending on the motion that was filed.
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How do I write a motion for dismissal?
Write your introduction. The first lines of your motion should state your name and role in the case, and what you are asking the judge to do. Traditionally, the first line begins "Comes now the defendant," followed by your name. Then you state that you're asking the court to dismiss the plaintiff's complaint.
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How long does a judge have to answer a motion?
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
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How long do you have to file a response to a motion?
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
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How do I prepare for a motion hearing?
The day before the hearing you should prepare an accordion folder or a similar receptacle that includes all of the information that you will want to have with you. You should have a copy of your motion, a copy of the opponent's brief, copies of your chief cases and copies of your opponent's cases.
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Can I file a motion without a lawyer?
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
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How much does filing a motion cost?
It tells the Clerk of Court whether you have to pay a filing fee. There is usually a $25 filing fee to file your motion.
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When must a response to a motion be filed?
There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.
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