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What is a motion when your attorney says he is filing a motion the day after the preliminary hearing?
In US law, a motion is sort of a legal letter to the Court that makes an argument for a certain action the letter specifies. However, this "letter" is not any usual kind of letter you'd write. The attorney must base the "motion" on legal case law and cite laws that the Judge should use to make a decision about this particular issue.
The biggest thing to remember is that courts rely on motions, filed in writing, to argue certain aspects of the case. An attorney has had special training to write these motions in ways to convince a Judge that the decision should be made.
Both the prosecutor's side and defendant's side write and file motions to the Court.
What else can I help you with?
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?
Is there a need for an attorney to file for contempt of court?
In the United States, you do not need an attorney to file a motion to a court. However, if you want it done right and you want to make sure the judge pays attention to it, it helps. It especially helps if you want to be sure that you are filing the correct motion.
How many extensions can be given on a Motion to Compel request from the attorney who has been served with the Motion?
A Motion to Compel is a motion filed by one side, asking the court to Compel the other side to do something. If the side filing the Motion agrees to extend the length of time before the court hearing, it can be granted as many times as the side allows. However, a Motion to Compel is a "last straw" move. An attorney is not likely to file the motion unless the opposing party has refused to cooperate with more cordial methods of obtaining the information. Therefore, once a party is forced to file the motion, it is unlikely that they would be willing to grant an extension of time prior to a court hearing.
Contest a power of attorney?
You must file a motion with the court requesting a judicial hearing to contest the POA.
What is a motion hearing?
A motion hearing is a court proceeding where one party asks the judge to make a decision on a specific issue or request. These motions can address various legal matters, such as evidence admissibility, case dismissal, or procedural matters. The judge will listen to arguments from both sides before issuing a decision.
What should you do if your attorney advises you to amend your bankruptcy schedule before the Motion to Dismiss hearing?
The bankruptcy petitioner retained an attorney as legal counsel and representation, therefore it would be in his or her best interest to follow the advice given. It is possible for a MTD to be dropped if the petitioner can present the court trustee with a filing schedule that qualifies for the type of BK that is in question.
What does the plaintiff do when atty files motion to withdraw?
If your attorney files a motion to withdraw, such requests are usually granted by the judge. It would be a wise idea to start looking for a replacement attorney. ------------------- In addition, if you receive notice that there wil be a court hearing on the motion to withdraw, you should be sure to attend, even if you have not yet found a replacement attorney.
How do you file lawsuit when one party breaks divorce agreement?
It's not a lawsuit needed as much as filing a motion to compel or show cause at the court where you got the divorce. See an attorney for filing details.
What does motion spindled for expedited child support mean?
f you live in cook county this may help,if not good luck. "Spindled" is Cook County jargon for the process of filing a motion, and filing the notice that the motion will be presented to the court for a hearing. The term "spindle" is used because in Cook County the motion and notice papers were attached to the clerk's file with a needle, or "spindle."
How long do you have to stay in the property once a motion of relief from debtor has been filed?
A preliminary hearing on the motion must be heard within 30 days of the date it is filed, unless that requirement is waived by the creditor. The motion could be granted at that hearing, or the court could set it for a final hearing, which must be heard within 30 days of the preliminary hearing. If the motion is granted, the creditor may then proceed with actions to remove you from the property. The creditor may have to foreclose, if it involves a secured claim. After foreclosure, and in the event it is a landlord-tenant situation, the creditor must file to evict you, if you do not move out voluntarily. That could take another 30 days, longer if you appeal. I have seen people who know how to game the system stay in property a year or longer.
If your lawyer fails to file a motion to avoid a property lien during the bankruptcy hearing can this be fixed?
Yes. You or your attorney will need to file a motion to reopen the bankruptcy. Once the bankruptcy has been reopened, you can file your motion to avoid the lien.
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.
