What is a friend of the court letter?

What is a friend of the court letter?

An amicus curiae (literally, “friend of the court”; plural: amici curiae) is someone who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court.

What happens when you file an ex parte motion?

There are other situations where emergency orders are appropriate, but these are the most common. In a situation where getting an immediate order is urgent, you can petition the court without notifying and serving the other party. This is known as an ex parte motion or application. What happens during this process varies in each state.

Can a spouse file a frivolous motion to change venue?

Upon review by Spouse B’s attorney, the motion appears to contain no valid legal basis for changing venue. In fact, it seems that the motion was filed solely for the purpose of delaying the divorce. The procedure for defending against a frivolous motion is set forth in Florida Statute 57.105.

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.

When to file excessive motions in a divorce?

If Spouse B prevailed at the hearing, Spouse A could be ordered by the court to pay some of Spouse B’s attorney’s fees as well as sanctions. If the court has already ruled on a particular issue, filing another motion that essentially rehashes all of the arguments dealt with in the previous ruling is excessive.

What do you call spouse who files frivolous motions?

Unfortunately, some spouses attempt to use the legal system to exact their revenge, by filing motion after motion for the sole purpose of frustrating their ex. When a person files frivolous motions or requests hearings with no legal basis, they are often termed a “vexatious litigant.”

What to do if your spouse is filing motions against you?

If, however, a spouse’s attorney agrees that the other person is filing motions inappropriately, there are several steps which can be taken. The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed.

Can a lawyer file a motion for contempt of court?

The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it. An attorney can also file a motion for contempt, or a motion for sanctions.

What can an attorney do for an ex-spouse?

The attorney can file a motion of his or her own, asking the judge to strike, or get rid of, whatever pleading the ex-spouse filed. If the judge agrees that the motion has no merit, then the judge can remove it.