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An answer to a motion in a civil action is made up of a set of documents, including: Answer Brief to Motion; Affidavit in Support of Answer Brief; Other Supporting Documents; and Notice of Hearing on Motion (if the opposing party requests a hearing).
How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversarys complaint; (3) respond to the adversarys factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.
The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.
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Heres a step-by-step walkthrough: Download and complete the required forms. These are available online on the Colorado court website. File the completed forms with the court. Provide the other party with a copy of the motion by mail. Wait for further updates from the court on hearings or direct rulings.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Courts office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
A Reply may be filed within 15 calendar days from service of the Answer. However, a Reply may only be filed if an actionable document is attached to the Answer. A Rejoinder may also be filed only if an actionable document is attached to the Reply and the Rejoinder is limited to the said actionable document.
Request to a court for a desired ruling or order. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a case, but only after the initial complaint has been filed.