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Re: [tips_and_tricks] Motion question

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  • gary
    Motion practice can be a real pain, depending on the particular state and court rules what it takes to have a motion heard varies. In many states you - the
    Message 1 of 6 , Feb 4, 2005
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      Motion practice can be a real pain, depending on the particular state and court rules what it takes to have a motion heard varies.  In many states you - the movant - must set a hearing date.  In some states the court sets the hearing date. 
       
      A few states have strange rules, like Utah, where you file a motion and send it to the other side and they have time to file a response and then you have time respond to the response.  After that, either side can file a request for the motion to be heard.  That last part is - for some reason - not in the rules of procedure, it is in the administrative rules of court with a bunch of totally unrelated crap.
       
      In some counties in PA, you have to "submit" a motion and there is a hearing set by the ciurt but, this hearing is not to decide the motion it is for the judge to decide if your motion is ok - properly written - and if ok, the motion is then filed and the other side gets to respond.  After that, you file a request for the clerk to place it on the motion calander 
       
      Never forget to check the local rules for the court you are in.
       
      Gary
      ----- Original Message -----
      From: scott
      Sent: Friday, February 04, 2005 8:17 AM
      Subject: Re: [tips_and_tricks] Motion question

      I haven't done this yet however I was doing some research with some friends and I heard that you can file for a Hearing to hear the motion you filed.  I am looking at doing this on a case I am involved with.  Will keep you posted.  This is not confirmed yet.
      Scott Williams
    • William Kaetz
      I think some questions should be raised here... Where in the rules of the courts are rules for filing SUI JURIS ? there is none that I could find. Filing
      Message 2 of 6 , Feb 5, 2005
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        I think some questions should be raised here...
         
        Where in the "rules of the courts" are rules for filing "SUI JURIS" ?
         
        there is none that I could find.
         
        Filing motions are for "persons".
         
        Who are required to follow the "rules of the courts"? "persons"?
         
         
         
         
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