- 1 What happens after a motion is filed?
- 2 How long does it take to hear back from a motion?
- 3 How long does a federal judge have to rule on a motion to dismiss?
- 4 How do you kill a motion?
- 5 What does it mean when a motion is granted?
- 6 How do you ask a judge to reconsider a decision?
- 7 Why do judges take so long to rule?
- 8 What can I expect at a motion hearing?
- 9 What is the possible effects of granting a motion to dismiss?
- 10 What does it mean when a judge says he will take it under advisement?
- 11 How do you expedite a civil case?
What happens after a motion is filed?
After you complete your motion, you must file it with the court. 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. If a party is represented by an attorney, mail the motion directly to the attorney’s office.
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 does a federal judge have to rule on a motion to dismiss?
In some cases – the Judge rules within 7 days of the arguments being rendered (Motion is filed, Judge orders first hearing, Judge orders arguments from side filing the motion, Judge orders arguments from side against the motion, Judge gives a ruling) whereas in some cases the ruling may be as long as 6 months.
How do you kill a motion?
To kill a motion at the time it is tabled requires a 2/3rds vote. A majority is required to table a motion without killing it. You believe the discussion has drifted away from the agenda and want to bring it back.
What does it mean when a motion is granted?
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
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.
Why do judges take so long to rule?
The judge may want to take advantage of issuing a written ruling to thoroughly explain the reasoning behind their decision. Court dockets are often extremely crowded. Taking a matter under submission lets the court get right to the next scheduled case. The court can work on its written decisions at a later time.
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 is the possible effects of granting a motion to dismiss?
A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant’s favor — most often denying the plaintiff the opportunity to go to trial.
What does it mean when a judge says he will take it under advisement?
When a case is under advisement, the judge hearing the case is deliberating or thinking about his/her decision. A case can be under advisement during the time period between when the court has heard both parties’ evidence on an issue or the entire case but before it gives its judgment on the matter.
How do you expedite a civil case?
Put an application in the court to expedite the matter stating the reasons. If the court does not listen to you file an application in the high court seeking direction to the lower court to expedite the matter.