What is the process of filing a motion?

The process of filing a motion in Indiana civil procedure is usually started by the filing of a motion and a pleading that outlines the requested relief. The motion must be filed with the court clerk and served upon the opposing party. A hearing date is usually set for the motion, at which time both parties present their arguments and evidence, and the court may issue a ruling. In filing a motion, you will need to include the appropriate court documents. Depending on the type of motion, you may need to file a complaint, answer, counterclaim, or other additional documents. You will also need to provide a caption, which lists the parties, case number, court, and the title of the motion. Once your motion is filed, the other party must be formally served with notice of the motion through the court. You can serve the other party by mail, sheriff, or publication. Once the motion and notice are presented to the opposing party, they may respond by filing an answer or other appropriate document. At the hearing, each party will lay out their argument before the court. The court will consider the evidence and arguments of both parties, and issue a ruling. After the ruling has been issued, the parties will abide by the court’s decision.

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