Can a case be dismissed?

The courts in California may dismiss a case either with or without prejudice. After a dismissal without prejudice, a case may be refiled in Los Angeles. This means that you can face the same charges again.

What happens at a motion hearing in court?

Usually, a judge has the option of granting or denying the motion based on its written contents alone. In some circumstances, however, a motion hearing is held. A motion hearing is a proceeding in which each party has the opportunity to present his or her side of the issue in court.

What are the rules for motion for rehearing?

Rule 8.130 addresses a Motion for Rehearing. Under Rule 8.130, the Rule addresses possible reasons why a hearing should be reheard: “That the Court erred in the decision of any matter of law arising during the hearing.” “That a party required to be present at the hearing was not present.” “That a party did not receive…

Can a judge deny or grant a motion hearing?

A judge can grant or deny a motion hearing based solely on its written contents. A motion hearing is normally requested by one of the parties to the lawsuit. Alternatively, the judge may call the hearing on his or her own initiative.

Can a motion hearing be held to suppress evidence?

Courts can hold a motion hearing on a request to suppress evidence. When a party wishes for a court to take action on a legal issue, he or she typically needs to file a motion. Simply put, a motion is a written request asking the court to take a specific action.

Do you need to attend a hearing for a motion?

It should include a copy of the motion, a certificate of service, and a notice of hearing. You are required to attend if you want to oppose the motion. If you don’t attend then the court will make a decision based on the representations of the attorney and your spouse – most likely not in your favor.

What happens at a motion to withdraw hearing?

Generally, a motion to withdraw is a short hearing in which the lawyer and client show up in court. The reasons for the withdrawal are set forth in the Motion to Withdraw. Because it sounds like irreconcilable differences exist, the court will often not delve much further.

Do you need to attend a probate hearing?

The attorney has sent you a concurrent copy of a motion filed in the Probate and Family Court. It should include a copy of the motion, a certificate of service, and a notice of hearing. You are required to attend if you want to oppose the motion.