To file a motion for restoration of credit for time served, you would typically need to draft a formal motion outlining the details of the time served and reasons for requesting restoration of credit. This motion would then need to be filed with the court that handled the original sentencing, and a copy should be served to the prosecuting attorney. It is advisable to seek guidance from a lawyer to ensure that the motion is filed correctly and to increase the chances of a successful outcome.
You draft and file a response, and have it served on the opposing party.
If a judge fails to read a motion, it is usually due to an oversight. The party making the motion only has to make the motion again to bring it to the court's attention. The judge then rules on the motion, granting or denying it.
A "stay" can only be issued by a judge. If a stay is desired by a participant in the case, their only option is to present a motion to the judge requesting it. The judge will consider and rule on your motion either granting it, or not.
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The suffix for improperly is -ly.
You may know you were improperly served court papers if you did not receive them in person, or if they were delivered to someone who is not you or your authorized representative. Additionally, the papers must typically be served within a specific timeframe and in compliance with local laws; if these procedures were not followed, it could indicate improper service. You can also check if the serving party provided the necessary proof of service, which should detail how and when the papers were delivered. If you suspect improper service, consulting with a legal professional can provide clarity.
File a petition/motion containing the reason for the request with the court. A judge will consider it, and issue a ruling either granting it, or denying it.
Summary Judgement ends a case before trial.
motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.
Typically, you have 14 days to respond to a motion to compel in most jurisdictions. This is the time frame in which you must submit your opposition or any relevant supporting documentation to the court. Failure to respond within this timeframe may result in the court granting the motion.
If you were never served, you would need to file a motion to dismiss the civil case. In order to be lawfully sued, you must be served.