What are the court procedures for filing a motion?

In Florida, a motion is a request made to the court for a ruling or order. To file a motion, the person filing the motion must first submit a pleading to the court. This includes a caption that identifies the court, the parties, and the case number. The filing party must also include a memorandum of law, facts, and a certificate of service. The memorandum should state the legal and factual basis for the motion. The facts should be supported by documentation. Once these items have been filed with the court, the other side must be notified of the requested action by the filing party. In Florida, service must be given at least five days before the hearing. The party requesting the motion must then fill out the appropriate motion form. This form includes the names and addresses of the parties involved, the facts in the case, and the proposed order. After the motion is filed, the other side will then have an opportunity to respond. At the hearing, both the filing party and the respondent will have an opportunity to give oral arguments and submit evidence. After the hearing, the judge will issue an order that either grants or denies the motion. The decision of the judge is usually final unless the parties feel the need to appeal.

Related FAQs

What is a writ of attachment?
What is a complaint?
What is the difference between a motion to dismiss and a motion for summary judgment?
What is a change of venue?
What are the common defenses in civil law?
What are the rules for determining a case's jurisdiction?
What is a motion to quash a subpoena?
What are the elements of negligence?
What is res judicata and collateral estoppel?
What are the rules for filing a counterclaim?

What are the court procedures for filing a motion?

Related FAQs

Related Blog Posts