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STEP 1: DETERMINE IF THERE IS AN ASSIGNEE. STEP 2: DECIDE WHERE TO MAKE THE MOTION. STEP 3: COMPLETE THE PROPER FORMS. STEP 4: FILE YOUR DOCUMENTS AT THE FAMILY COURT OFFICE. STEP 5: SERVE A COPY OF THE DOCUMENTS. STEP 6: FILE AFFIDAVIT(S) OF SERVICE. STEP 7: WHAT TO DO AFTER SERVICE.
How to Persuade a Judge Your arguments must make logical sense. Know your audience. Know your case. Know your adversarys case. Never overstate your case. If possible lead with the strongest argument. Select the most easily defensible position that favors your case. Dont try to defend the indefensible.
If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.
37.10 (1) Where a motion is made on notice, the moving party shall, unless the court orders otherwise before or at the hearing of the motion, serve a motion record on every other party to the motion and file it, with proof of service, in the court office where the motion is to be heard, at least seven days before the
You should always refer to the Family Law Rules to confirm the rules and forms that apply in your case. Step 1: ask the court for a motion date. Step 2: identify and fill out your motion forms. Step 3: serve and file your motion forms. Step 4: confirm that you will attend the motion. Step 5: go to your motion hearing.
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If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.
A motion hearing is a hearing where the court hears argument and sometimes evidence (testimony) surrounding a particular issue in a case and issues orders.
Process of handling motions A member obtains the floor and makes a motion. Another member seconds the motion. The chair states the motion. Members debate the motion. The chair puts the motion to a vote. The chair announces the results of the vote and what happens with the motion.
Within 14 days after the service of the motion, the opposing party shall serve and file a written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied.

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