Can a judge rule on a motion without a hearing?
If the Motion is properly filed, the Judge may schedule a court date to consider and hear evidence about the Motion. Or the Judge may rule on the Motion without a hearing.
How much does it cost to file a civil suit in NJ?
HOW MUCH DOES IT COST? The cost of filing in Small Claims Court is $15.00 if you are filing a case against one defendant, and $2.00 more for each additional defendant. In addition, there is a mileage fee based on the distance a court official must travel to deliver the papers to the person you are suing.
What happens at a motion hearing in court?
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.
Can you go to jail at a motion hearing?
You could; but you if already posted bond, being remanded into custody at pre-trial motions is extremely unlikely. To remand you after posting bond, the State and/or the Court would need some reason to either raise or revoke your bond...
Do I have to attend a motion hearing?
You should always attend any scheduled hearing. If you do not attend the hearing, the judge is likely to grant the other side's motion and enter an order against you.
How do I prepare for a motion hearing?
The day before the hearing you should prepare an accordion folder or a similar receptacle that includes all of the information that you will want to have with you. You should have a copy of your motion, a copy of the opponent's brief, copies of your chief cases and copies of your opponent's cases.
How long does a motion hearing take?
(Pursuant to Local Rule 7.1(e)(1) hearings on motions need to be set at least 28 days out.) Still, other judges require that a motion to compel be filed, heard, and any discovery ordered as a result of a motion to compel be produced by the discovery cutoff date.
What does it mean when a motion has been filed?
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction. Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.
Can I file a motion without a lawyer?
Without confirming that a motion is what you should now do, you can file anything without a lawyer.
How do you oppose a motion?
A motion requests the Court to take action under a specific Federal Rule. To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment.
What does filing a motion mean in divorce?
A motion is a legal action your divorce attorney uses in order to get your particular issue into a courtroom and in front of a judge. For instance, once you file your original petition for divorce your attorney may file a motion with the court requesting an order for temporary child support.