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Prepare the Motion and Notice of Motion that applies to your case. You should know the specific court rules of the county where you are filing your case. Usually, these are available online. If you cannot find them, call the court clerk.
When you fill out the motion, give a detailed explanation of what you want from the judge. Include the basic facts the judge would need to make a decision. It is important that the judge understands what you are asking for and why. If you talk about any documents in your motion, attach copies for the judge.
You will also need to include the date when the motion will be heard.
How you will find out about the court date (or hearing date) and time depends on how you filed your case.
- E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
- Paper filing: If you filed in person at the courthouse, the clerk will sometimes let you pick the date or they may pick the date for you.
Remember: Different motions are often used for different types of cases. So, you should make sure to use the motion that applies to your specific issue.
Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.
You must send a copy of your motion and notice of motion to the other parties in the case. If a party has a lawyer, send them to the lawyer.
If a state agency or the state's attorney is involved in the case, you must also send a copy of your motion and notice of motion to the state's attorney. Examples include some child support cases or expungement cases. If the state is involved in your case, the state’s attorney's information should be listed on the court papers.
You may send your motion and notice of motion to the other parties
- by e-mail to the e-mail address listed on court filings (unless your opponent does not have an attorney and has not designated an email address on their court filings),
- by personal hand delivery,
- by mail,
- third-party commercial carrier (for example, FedEx or UPS), or
- through the court's electronic filing manager or an approved e-filing service provider.
Complete the proof of delivery section on the Notice of Motion with information to show how you sent copies of the motion and notice of motion to each party. It has room for 3 parties. If you are sending forms to more than 3 parties, fill out and file one or more Additional Proof of Delivery with the Motion form.
Be sure to keep a copy of the Motion, the Notice of Motion and Additional Proof of Delivery for your own records.
Decide and write down:
- What you want to ask the judge to do for you (this should be the same thing you asked for in your Motion),
- What you will say to the judge if asked to tell your side of the case, and
- Questions you have for witnesses, if any.
Gather and make copies of pictures and documents you want the judge to see. Show the original to the judge and provide a copy for you and each of the parties in the case.
If you want the judge to hear from other people, those people should be available for your hearing. In most cases, you cannot deliver written statements of witnesses.
You should have these items with you on your court date:
- Photo ID,
- Copies of all the documents you filed with the circuit clerk (Motion and any exhibits, Notice of Motion), and
- Other papers or proof related to your motion.
If you have to go to court in person, get to the courthouse at least 30 minutes early because you will need time to get through the security line and find your courtroom. Go to the courtroom number listed on your court form. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk. Check-in with the courtroom staff and wait for your name and case number to be called. When your case is called, walk up to the judge and introduce yourself.
If your court date is not in person, connect to your call or video call. When your name is called, introduce yourself to the judge. Learn more tips for remote hearings here.
Usually, the judge will first hear oral arguments in support of your motion. If you filed the motion, you will get the first chance to tell the judge what you are asking for and why.
Tell the judge your side of the case and answer questions.
If the motion requires you to present evidence, show the evidence, including documents and photos, to the judge. Provide a copy to the judge and a copy to the other party. Be prepared to explain why the document or photo is important.
If you brought witnesses to the motion hearing, introduce them to the judge and ask the witnesses questions you prepared in advance. The judge and the other party can ask questions of your witnesses when you are done.
Then, the other party presents their argument in opposition to the Motion. The other party may do this by:
- Arguing to the judge why your request in the Motion should be denied,
- Showing the judge documents, photos, or other evidence, and
- Questioning witnesses.
You will get to see any documents and photos the other party shows the judge. If you do not think the judge should consider them when making a decision about your case, tell the judge why.
You may ask questions of the other party’s witnesses. Write down your questions while they are speaking to the other party or judge so that you don't forget your questions.
The judge decides whether the documents, photos, or witness testimony can be considered when making a decision about your case.
If the judge needs more information to make a decision, they may set up another court date. Make sure you understand what information is needed and get it before the new court date.
The judge makes a decision after both sides present their case. The decision that the judge makes is called a court order.
If the judge needs to think more about the case, the judge may tell you the decision later by mailing the court order. The judge may also make a decision at another court date. If the judge has enough information at the hearing, the judge may decide at that moment and fill out a court order. If the judge does that, get a copy of the order that has the court stamp on it and keep it for your records.
If the other party was not present at the hearing to get a copy of the order, you must send them a copy by 5:00 p.m. on the date you got the order. Fill out and file a Proof of Delivery court form with the circuit clerk to show that you sent the copy.
[no-lexicon]Motion[/no-lexicon] is granted
If your motion is granted, you will usually get an Order from the judge. This order is a legal document that can require people to do things.
For example, an Eviction Order requires a person to move out of their home.
Your Order might also have instructions and deadlines for filing things in your case. You should read the Order carefully.
[no-lexicon]Motion[/no-lexicon] is denied
If your motion is denied, your case goes on. This means you can still file motions for other things.
You can also file a motion to reconsider if:
- You think the judge made a mistake,
- There has been a change in the law since the hearing, or
- You have new evidence that wasn't available at the hearing.
Motions to reconsider should only be filed in rare situations. Be careful not to file a motion to reconsider just because you disagree with the judge's decision. If you have nothing new to present to the judge, or you cannot show that the judge clearly made a mistake, your motion to reconsider could annoy the judge and court personnel.
You file a Motion to Reconsider the same way you filed the original motion. If you lose your case entirely and it is dismissed by the court, you may be able to file an appeal.
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