What is the process of filing a motion?

When filing a motion in Arkansas, there are several steps to completing the process. Generally, the motion should be in writing and include a legal argument as to why the party believes the court should grant the motion. The first step is to obtain the correct form from the clerk of the court. Filling out the form in its entirety with the correct information is also important. Once the form is complete, it is time to file the motion. This is done by submitting the motion to the court clerk. The next step is to have the motion served to the other party. This is done by having a sheriff or process server deliver the motion to the other party or their legal representative. This can be done in person or by mail. Once the motion is served, the other party has an opportunity to respond. The response must be made within the time limit set by the court. If the other party does not respond within the designated time period, the motion may be granted by the court. Once the response is submitted to the court, a hearing is usually scheduled. During the hearing, both parties will have an opportunity to make their case and present any evidence or witnesses. At the conclusion of the hearing, the court will issue its ruling on the motion.

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