0
A motion hearing is where the attorney in an adversarial trial argues why his motion should be granted. The other attorney argues her reasons why the motion should not be granted.
Wiki User
∙ 9y ago
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.
Add your answer:
Earn +20 pts
What are the reasons a lawyer can use a motion to dismiss during a hearing?
A lawyer can use a motion to dismiss during a hearing if they believe that the case lacks legal merit, there are procedural defects, or there is insufficient evidence to support the claims being made. This motion asks the judge to dismiss some or all of the charges against the defendant.
How do you file a competency hearing?
To file for a competency hearing, you typically need to submit a request to the court where the case is being heard. This request should outline the reasons why you believe the individual in question is not competent to stand trial. The court will then evaluate the request and may schedule a hearing to determine the individual's competency.
How much time does one have to file a motion to suppress once the initial hearing has passed?
The time limit for filing a motion to suppress evidence after the initial hearing has passed varies by jurisdiction. It is best to consult with a legal professional in your area to determine the specific deadline applicable to your case. Missing the deadline may result in the motion being denied.
How can you ask the judge to dismiss injunction prior to court date?
You can file a motion to dismiss the injunction, explaining your reasons for requesting dismissal. It is important to provide legal grounds and supporting evidence for why the injunction should be dismissed. The judge will then review the motion and may hold a hearing before making a decision.
How do you get issue in front for hearing judge?
To get an issue in front of a hearing judge, you typically need to file a formal request with the court for a hearing on that specific issue. The court will then schedule a hearing where both parties can present their arguments and evidence for the judge to make a decision. It's important to follow the court's procedures and rules to ensure your issue is properly heard.
How do you file a competency hearing?
To file for a competency hearing, you typically need to submit a request to the court where the case is being heard. This request should outline the reasons why you believe the individual in question is not competent to stand trial. The court will then evaluate the request and may schedule a hearing to determine the individual's competency.
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.
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 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 do you file for emergency bond hearing?
You draft a Motion for Bond and Motion for an Emergency Hearing. You file it with the appropriate clerk of court and serve it on the appropriate parties. Then you contact the Judge's staff and request that it be set down for a hearing.
What is a wade motion?
It is a motion for a hearing to suppress a witness' identification of during a line up or show up.
How do you file a clarification hearing?
I am unfamiliar with the term "clarification" hearing. However, any hearing must begin with a motion presented to the court requesting the hearing. File a motion with the Clerk of the Court's office setting forth the reason for the request and it will be forwarded to a judge (or in the case of a specific case, a particular judge) who will either grant or deny the hearing.
What are the reasons a lawyer can use a motion to dismiss during a hearing?
A lawyer can use a motion to dismiss during a hearing if they believe that the case lacks legal merit, there are procedural defects, or there is insufficient evidence to support the claims being made. This motion asks the judge to dismiss some or all of the charges against the defendant.
What does motion to open judgment denied after hearing mean?
It means that someone (probably the losing party) petitioned the court to have the case re-opened and the original judgment re-considered. A hearing on the matter was conducted by the judge - and after hearing arguments for and against, the motion was DENIED.
When a person requests the judge to continue and the respondent wants the hearing to go forward what motion do you file to go forward with the hearing?
If I am understanding the question correctly - no motion is necessary or required to request the judge to move forward with the hearing. It is ALWAYS the court's intention to move a hearing forward. Unless the judge dismisses the case for some legal reasong, court hearings will automatically go forward unless a motion to drop or stop the hearing is presented on which he must rule.
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).
