Why would a judge refuse a consent order?

Judges can reject a consent order if they do not think it is fair. Once the judge is satisfied, the consent order is ‘sealed’ and becomes legally binding. At this point, the order is final and neither you, nor the judge, can usually change the agreement.

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.

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 happens at a summary judgment hearing in?

If this Motion is strong enough the Judge will not hear the Summary Judgment issues at all and will continue the matter to another date.

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.

What should I expect at a motion hearing?

At the hearing, the judge will probably ask questions and let each side state their position on the motion. Be prepared to explain to the judge why the other side should not get what they are asking for in the motion. To learn more about what to expect at the hearing, click to visit Going to Court. When will the judge make a decision?

How does a judge make a decision on a motion?

At or after the hearing, the judge will make a decision on your motion. The judge might write an order on your motion herself. Or she might direct one of the parties to prepare the order for her signature. An “order” is the written decision or judgment that grants or denies your motion and is signed by the judge and filed with the court.

How does a notice of motion work in court?

The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge. When you “serve” (mail) the motion to the other side, the notice notifies the other side when the hearing will be held. FYI!

If this Motion is strong enough the Judge will not hear the Summary Judgment issues at all and will continue the matter to another date.