how long does it take an attorney to file a motion

A: I estimate roughly 20 - 40 hours of my time, at my $250 per hour rate, to prepare all the court papers. That would include our opening motion, and any reply brief to the opposition. That's about $5,000 - $10,000 in legal fees. Then up to 2 hours more of my time for the court hearing on our motion, which is another $500 .

Full Answer

When do you have to file a motion in court?

May 11, 2021 · How long does it take to file a motion. Asked on May 11th, 2021 on Family Law - Nevada More details to this question: So i been working with this lawyer since Nov. They have yet to file my motion to have a jugdment set aside and my ex lawyer keeps filing motion to hold me in contempt for failing to sale my home. I have asked my lawyer both by ...

How do I file a hearing motion?

May 03, 2011 · 2 attorney answers. Literally, as quickly as possible. Technically, the motion may be filed at any time, however reality is often driven by other factors such as availability of sufficient evidence or even just simply where in the lawyer's pile of …

How to file a motion to withdraw from a case?

Feb 08, 2012 ·

How long does it take to get a court date?

What does it mean to file a motion?

A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction. ... 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.

What happens after a motion?

After you complete your motion, you must file it with the court. ... You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.

What is a noticed motion?

A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion.Jun 12, 2018

What is motion example?

Examples Of MotionOur daily activities, like walking, running, closing the door, etc. involve motion. ... The flow of air in and out of our lungs is also an example of motion.The automobiles that carry passengers from the place of pick up to the destination possess motion.

Mark M Cheser

That can be done fairly quickly. But one Judge does not have to agree with another although they normally do. Listen to your attorney.

H. Scott Aalsberg

Best to ask your own lawyer as he knows your case the best, the court that its in and the judge it will go before. Anything said here would be mere guessing but generally bail hearings take a minimum of one week plus. For the plus see first sentence.

Leonard Roy Boyer

I concur with the recommendation of my distinguished colleague attorney H. Scott Aalsberg. No attorney here is going to second guess your current attorney. You need to trust your attorney and direct all your questions to the attorney.

Blair R. Zwillman

I agree with the other attorneys that when a bail motion is heard depends on the charges and the county. You would be seeking a bail "modification" If heard it is usually decided at that time. My experience is that the criminal court usually defers to the DCPP (formerly DYFS) on issues like this.

Alison B Weinroth

It really depends on what court, county and judge as stated. However, the should have been brought to the attention of the judge hearing the DCP&P (DYFS) matter. Aside from the bail hearing, which I suggest you address with your attorney, you may want to see if the DCP&P judge can address the issue as well.

What is a motion in a lawsuit?

What Is a Motion? When you become involved in a lawsuit, you may want the court to agree to something outside of the normal litigation process. For example, you or your opponent may want the court to drop the case ( motion to dismiss) or to decide the winner without having to undergo a full trial ( motion for summary judgment ). ...

Do motions require a hearing?

A motion either requires a hearing or does not require a hearing, and the decision to hold a hearing on certain motions may be made by the judge on a case-by-case basis. You may request a hearing on your motion. Thank you for subscribing!

What is a motion for summary judgment?

Motions are quite diverse, but the most prevalent one is a motion for summary judgment. If you bring a motion for summary judgment, you are asking the court to make a final ruling on the case before a trial has been conducted. This could be of great benefit, depending on the case, since you save time, money, and energy from having to further litigate your case. However, motion for summary judgments are not always available to litigating parties. For a motion for summary judgment to be granted, there must be no genuine issue of material fact – the reason this is important is because the judge/jury is expected to make decisions about the facts of the case at trial, so in order to skip the trial process, there cannot be leftover issues that should have gone to trial. If there is even one genuine issue of material fact, the court must deny the motion for summary judgment and move the case forward to trial.

How to draft a QDRO?

To draft a QDRO, I need a lot of information: 1 the parties’ personal information, including names, addresses, dates of birth, SSNs, phone numbers, email addresses; 2 the retirement plan options, including survivor benefit options; 3 account numbers, if the plan has account numbers (some just use SSN); 4 the contact information for the QDRO processing department, which is often outsourced to a third party, such as QDRO Consultants or Morneau Shepell; 5 for 401 (k) or other defined contribution (cash in account) plans, if there is a nonmarital property in the account, such as contributions to your retirement before you got married, or after the date of separation, I may need statements for every month before and after the marriage so that I can do a rough calculation of what is marital and what is separate – if it is too rough, or there are no statements, I may send you to a CPA for some advanced forensic accounting;

How long does it take to get divorce papers?

While I can go get copies of your agreement from the court, that typically takes a couple months for the court to make the copies and mail them out. The more information you can provide upfront, the quicker this goes.

Can you get survivor benefits if your spouse dies?

There are a lot of ambiguities in most divorce settlement agreements or judgments, such as the right to survivor benefits (a payout if the employee spouse dies early) that can affect the amount you are paid monthly. Personally, I would want to have a say in whether those survivor benefits are elected.

Why do lawyers withdraw from a case?

If the attorney is rendered unable to provide representation due to injury or illness, they must withdraw from the case. This injury or illness may be physical or mental but restricts them from performing their duties as outlined in the client-attorney contract. This is perhaps the most uncommon reason a lawyer would file a motion to withdraw.

What is the reason for a motion to withdraw?

If the reason for the attorney’s motion to withdraw is of this nature, they will claim the motion to withdraw is based on “ethical obligations”. Even in the most uncomfortable of circumstances, you must be honest during every portion of the legal process, including private conversations with your attorney.

How to avoid delays in a case?

In order to avoid unnecessary delays in your case, you should begin working with your new legal representation as soon as possible. Your current attorney must hand over any paperwork or information regarding your case. As the client, this is your property and you must obtain this information quickly to avoid delays.

Can an attorney withdraw from a case?

An attorney can withdraw from a case for a wide variety of reasons. Given a valid reason, the attorney must submit a motion to withdraw to the court. The judge presiding over the case will then either approve or deny the motion. If approved, the client must find a new attorney to take over their case. However, a judge may not always approve the ...

What happens if a client refuses to pay legal fees?

If the client fails or refuses to pay the legal fees as outlined in the contract, the attorney may withdraw from the case. Typically, the attorney will provide several warnings requesting payment before they proceed with a motion to withdraw.

Can you object to a motion to withdraw from a case?

When your attorney files a motion to withdraw from your case, you will be allowed to object. However, it is important to note that objection will result in the motion going to court. This will only delay your case further. It will likely be in your best interest to accept the motion and move forward with a new attorney.

What is attorney client contract?

The attorney-client contract includes important information such as legal fee structure, the involvement of other lawyers and paralegals, and communication boundaries. This contract serves as a defining boundary between the client and the attorney and benefits both parties equally. If an attorney believes that the client has breached the contract, ...