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What is a cross notice?
A Cross-Notice is generally sent from one party in a legal dispute to the other party. It notifies them that an original Hearing will ALSO include another matter. For example - in Family Court, you may have a Hearing for Child Support and a Hearing based on a Motion for Contempt (your ex failed to comply with the last agreement). You have filed Discovery documents for the child support related part but your ex hasn't produced the documents you requested - so you filed a Motion to Compel Discovery - but the courts haven't ruled on it and you need the documents. You would file a Cross-Notice of Hearing to identify that you plan to take up the matter of the Motion to Compel Discovery during the Motion for Contempt Hearing so you can have the documents you need for the Child Support Hearing (assuming it occurs later).
What is a motion of discovery for a dcfs case?
One side, or the other, has made a motion that the opposing side reveal what evidence and witnesses they are going to present at the hearing or trial.
How do you file for motion to discovery in civil case?
With the Clerk of the Court's office of the court which will be hearing your case.
Can police officers refuse to give the offernder the results of a breathlizer test?
Police can, however, the report can be subpoenaed as apart of the discovery process. You will need to orally motion for a discovery hearing. You should also request the calibration certificate for the breathalyzer. If neither one of these documents can be produced, motion for dismissal for lack of evidence.
What is a civil motion hearing?
A civil motion hearing is a legal proceeding in which a judge considers and decides on a motion filed by one of the parties in a civil lawsuit. During this hearing, the party who filed the motion presents their arguments and supporting evidence, while the opposing party has the opportunity to respond. The judge then makes a ruling on the motion, which can involve various requests, such as dismissing a case, compelling discovery, or granting summary judgment. These hearings are typically less formal than full trials and focus on specific legal issues rather than the overall merits of the case.
How do you file a motion for a hearing after vistation was suspended?
File a motion with the Clerk of The Court requesting a hearing on this. see links
What is a cross notice hearing?
when you receive a notice of hearing setting a motion and you also want to set that same motion.
What is discovery motion?
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
What if a Plaintiff Refuses to answer to a motion for discovery?
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
What does it mean a hearing for motion to release?
help
Can you withdraw a preliminary hearing waiver?
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
How long does it take for the court to sanction a motion to compel that has been ignored past the set date to submit documents?
Filing a Motion, in and of itself, does very little other than give the other party and the court notice of your request for something. Your attorney knows that s/he needs to request a HEARING on the Motion and obtain an Order from the court for it to have any enforceable weight. Filing a Motion to Compel Answers to Interrogetories, for example, tells the opposing party that they owe you answers -- and it tends to indicate that you are serious about getting those answers. In most instances, the opposing party will get busy and answer the interrogatories without a hearing on the matter. But if they don't, you have to request and have a Hearing on the Motion to obtain an "Order to Compel". The court will not sanction a motion, but can only sanction a party who fails to comply with an order. Let's say that you have an Order to Compel by the court that order the other party to answer your discovery request "within 15 days". Those days come and go and you still don't have your discovery. Now it's time to file a Motion for Sanctions, and notice up that motion with a hearing. If the opposing party still fails to comply, and particularly if they fail to show up for the hearing, you will likely be granted monetary sanctions to cover your costs involved in trying to get the discovery to which you are entitled. Each jurisdiction is different, and each judge within each jurisdiction has his or her own way of dealing with these things. You are always better off having an attorney handle these matters for you.
