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When you should file a motion, what to include, and the cost

You should electronically file (e-file) a motion when you first realize you need the judge to decide something. For example, you might file a motion to:

  • Schedule a new court date,
  • Ask for more time to move in an eviction,
  • Change an earlier order, or
  • Explain why you missed court so you can get a new court date.

What you put in your motion depends on the type of motion you are filing.

You should prepare your motion and e-file it with the clerk before sending notice to the other party.

The following should be included in each motion:

  • Your name, the other party's name, and the case number,
  • A paragraph that describes the basic facts of the case and the specific legal issue,
  • What you are asking the judge to do, and
  • The reasons why the judge should agree with you and grant your motion.

If you mention any documents in the motion, you should attach separate PDFs of each of those documents when you file your motion. Documents attached to a motion are usually referred to as exhibits. If you attach multiple exhibits to your motion, label each exhibit. For example, Exhibit 1, Exhibit 2, etc. or Exhibit A, Exhibit B, etc. Read about e-filing your court papers here.

You can learn more about how to file a motion here.

Cost of filing a motion 

Some motions require a filing fee, but there are many motions that have free filing . The circuit clerk will let you know if there is a fee for your motion. Also, many courts have the court fees listed on their websites.

If you cannot afford to pay the filing fee, you can file an Application for Waiver of Court Fees. This will ask the court to file for free or at a reduced cost. Learn more about fee waivers here.

Last full review by a subject matter expert
December 08, 2017
Last revised by staff
May 24, 2020

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