Re: [tips_and_tricks] Motion question
- 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 calanderNever forget to check the local rules for the court you are in.Gary----- Original Message -----From: scottSent: Friday, February 04, 2005 8:17 AMSubject: Re: [tips_and_tricks] Motion questionI 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
- 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"?