acting pro se in KY, do i personally go before the court to file a motion
Scottsville, KY
Viewed 349 times.
Posted about 1 year ago in Litigation
Flag as objectionable
hiw to make a motion:
I need to make a motion in a civil case were I am representing myself, do I need to personally go before the court or just file it with the clerk like I have other things (not motions)
- Is this your question? Add additional information
Answers (3)John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
Flag as objectionable
A motion is a written request for an order. Normally it consists of a notice of motion to the other side giving the hearing date and other pertinent details, plus a memorandum of points and authorities showing why you are legally entitled to the relief you seek and a supporting declaration or affidavit. Having filed all that you must serve it on the other side in a timely manner (check the court rules) and then show up for the hearing where both sides can argue.
Kevin W. Davidson
This attorney is licensed in Wisconsin.
Posted about 1 year ago.
Flag as objectionable
This may depend on the statutes or local rules for your jurisdiction. While motions in civil actions are typically submitted to the court's clerk in writing, in some instances the motion may also be made orally when appearing before the court. In small-claims actions in Wisconsin for instance, the rules of civil procedure allow for all pleadings and motions subsequent to the initial complaint to be made orally. This is a departure from the more stringet procedural rules for regular civil court, where, in most instances a Notice of Motion is filed as a formal written court filing, along with the Motion itself. In many instances the attorney bringing the motion will draft a single document icluding the required language for both the Notice and the Motion, and simply title the document Notice And Motion For xxx.
Check the local court rules, then check the state statutes, if necessary to determine exactly what the requirements are for your situation. (Often a polite telephone call to the judge's clerk will net the best direction as to what the judge will accept and what the judge would prefer.) Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 6 months ago.
Flag as objectionable
Check the local court rules, then check the state statutes, if necessary to determine exactly what the requirements are for your situation. Good luck to you. God bless.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in Texas with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |