- 1 How long does it take to hear back from a motion?
- 2 How long do judges take to rule?
- 3 How do you ask a judge to reconsider a decision?
- 4 What constitutes an emergency motion?
- 5 What do judges base their decisions on?
- 6 How do you prove best interest of the child?
- 7 Does the judge make the final decision?
- 8 Does writing a letter to the judge help?
- 9 What happens when a judge makes a wrong decision?
- 10 How do you win a motion for reconsideration?
- 11 What can I expect at a motion hearing?
- 12 What happens when someone files a motion?
- 13 What happens at an emergency hearing?
How long does it take to hear back from a motion?
A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court’s calendar requires.
How long do judges take to rule?
Some states have a 90 day rule but there is really no set time for a judge to make a decision. If he needs more time it usually means that the case is a very close call and the last thing you want to do is to try to hurry the judge up and anger him. Sometimes judges can take a year or more to render a ruling.
How do you ask a judge to reconsider a decision?
You just have to convince your court that a new ruling is justified by new developments, accurate law or a correct view of the facts. Do not simply reiterate your prior position and ask the judge to re-decide the same matter. Directly educate your judge about the reasons reconsideration is appropriate for your case.
What constitutes an emergency motion?
Emergency motion is a motion that is presented in court without the normal requisite five business days notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.
What do judges base their decisions on?
Judges base their decisions on precedents set in similar cases.
How do you prove best interest of the child?
You can demonstrate this by showing that you have enrolled your child in school, are involved in their education and upbringing, have participated in extracurricular activities, and have made other parenting decisions demonstrating an interest in nurturing your child.
Does the judge make the final decision?
In short, the jurors determine the facts and reach a verdict, within the guidelines of the law as determined by the judge. Many states allow the lawyers to request that certain instructions be given, but the judge makes the final decisions about them.
Does writing a letter to the judge help?
However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help. In a worst-case scenario, the letter will end up being used by the prosecution as evidence against that person.
What happens when a judge makes a wrong decision?
If you believe the trial judge has made a mistake as your case is proceeding, you may ask the Appellate Division for permission to file an interim appeal. If this request is granted, the case will be paused until the Appellate Division decides whether or not the trial court’s interim decision was correct.
How do you win a motion for reconsideration?
You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead – it may help you win the war.
What can I expect at a motion hearing?
A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.
What happens when someone files a motion?
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
What happens at an emergency hearing?
During an emergency custody hearing, a judge will: Hear evidence pertaining to the emergency situation (child abuse or neglect, substance abuse in the household, etc.) Appoint a guardian ad litem or child psychologist to investigate. Issue a temporary order.