What should I do if I file a motion without an attorney?

Make a copy of the entire packet for your records and a copy for each defendant. It is best to keep at least 2 copies for yourself in case the court loses a copy.

What do you need to know about filing a motion?

Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.

When do I need to file a motion for ex parte?

Therefore, if your hearing is set for a Monday, you must give telephone notice to the opposing sides no later than 10:00 a.m. the Friday before. You will also need to complete a Declaration re Ex Parte Notice and file it with the court no later than 12:00 noon the court day before the hearing.

How to file a motion for default judgment?

Title your motion. Your title should tell the court what the motion is about. If you are asking the court for a default judgment, then your title should be “Motion for Default Judgment.” The title should be two lines below the caption, in bold face, centered in the middle of the page.

Can a court deny a motion if there is no basis?

If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it. (EDCR 2.20 (c); JCRLV 11 (a).) The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge.

What does it mean to file a motion in court?

A “motion” is a written request to the judge that asks for a ruling on some issue in the case. (NRCP 7 (b); JCRCP 7 (b).) 1. You write your motion 2. You file your motion with the court clerk

How to oppose a motion filed by the other side?

Click to visit Lawyers and Legal Help. If you received a motion filed by the other side and need to file an opposition, click to visit Opposing a Motion Filed Against You for forms and information. Under the court’s rules, a motion must: This is called a “memorandum of points and authorities.”

When to file a genuine issue of material fact motion?

In the motion, you are trying to prove (by sworn statements, documents, and other evidence) that there are no genuine issues of material fact remaining to go to trial, and that you are entitled to a judgment as a matter of law. A “genuine issue of material fact” means that a critical fact in the case is in dispute.

Can a motion to compel be filed in person?

In some courts, such as federal court, you may file all documents electronically. Notice will be sent to the other side electronically. However, you might file motions in person by submitting the paper original. Generally, you will file the motion in the same manner that you filed your complaint or answer.

Can a motion be filed in a case that is still open?

There are 7 references cited in this article, which can be found at the bottom of the page. A motion is a request for a court to do something in a case that is currently open in that court. Therefore, a motion can be filed only in a case that is open and still in progress.

What happens if you do not oppose a motion filed against you?

If a motion is filed against you and you do not file a written opposition with the court, the judge could grant the other side’s motion automatically. That means the other side could get whatever she is asking for in the motion. It also might mean you lose the case, depending on the motion that was filed.

Make a copy of the entire packet for your records and a copy for each defendant. It is best to keep at least 2 copies for yourself in case the court loses a copy.

What should I do if my attorney screwed up my case?

The longer your lawyer doesn’t communicate with you about your case, the more likely it is to eventually amount to malpractice. Just as the last question suggested, you must seek to reach your attorney as quickly as possible through letters, emails or a fax to make sure that it is properly handled.

What should I do if I don’t know my attorney?

Just as the last question suggested, you must seek to reach your attorney as quickly as possible through letters, emails or a fax to make sure that it is properly handled. If not, the ignorance on their part will allow you to fire that lawyer and hire a new attorney early on while the case can still be saved.