how long should it take your attorney to file a motion for court in amite county, ms

by Breanne Denesik 10 min read

How do I file a motion to the court?

In Amite County, filing for a divorce will cost around $148. There are additional costs for filing each motion, petition, or request (roughly $5-$15) and for serving the spouse ($25 or more if you cannot locate the spouse and need to hire an investigator or a sheriff).

What happens when a motion is filed?

date is 01-01-1940, all you should include in your motion is “xx-xx-1940.” • For a minor child, use only his/her first and last initials. For example, if the minor’s name is Mary Ann Doe, you should refer only to the minor as “M.D.” in your motion. SIGNATURE You must sign the motion and file it with the Clerk’s Office.

How long does it take to file a motion for extension?

Aug 07, 2016 · The court date will really depend upon the courts calendar. Sometimes it can be as short as three or four weeks other times it can extend out to seven or eight weeks. The best way to find out in advance is to call the court speak with the judges clerk and ask your question. * This will flag comments for moderators to take action.

How long does it take to get a court date?

court from which appealed: amite county circuit court attorney for appellant: robert w. stratton, sr. (pro se) attorney for appellee: jerry mckey (pro se) nature of the case: civil - other disposition: reversed and rendered - 12/08/2016 motion for rehearing filed: mandate issued: en banc. coleman, justice, for the court: ¶1.

How long does it take to be indicted in Mississippi?

The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious ...

What is MEC in Mississippi?

Mississippi Electronic Courts (MEC)

How do I report a judge in Mississippi?

All complaints must be submitted to the Commission in writing. The Commission does not accept oral complaints. You may use a complaint form or write a letter to the Commission. A complaint form filed with the Commission should be typewritten or printed so that it is easily readable.

Are court records public in Mississippi?

Are Mississippi Court Records Public? Although the Mississippi Public Records Act (MPRA) enacted in 1983 grants members of the public access to public records, some judicial records are explicitly exempted by the statutes.

How do I file a lawsuit in Mississippi?

How do I file a claim? The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of Claim Form.

How do I find court records in Mississippi?

Records may be viewed in the office of the Clerk or copied. The staff of the office of the Supreme Court Clerk may require advance notice of a request to view or copy a file. The Clerk's telephone number is 601-359-3694.

How do I file a complaint against a judge in California?

How Do I File a Complaint? You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone. If you have a disability that prevents you from submitting a written complaint, please contact the commission's office to discuss how this office can best accommodate your needs.

How long does a judge have to make a ruling in Mississippi?

Most cases are not argued orally; rather they are submitted on the briefs without argument. Cases are normally decided within 270 days following the completion of briefing.

What circuit is Mississippi in?

for the Fifth CircuitUnited States Court of Appeals for the Fifth Circuit.

How do I find out if someone had a will in Mississippi?

Mississippi probate records include dockets, wills, settlements, petitions, letters, guardianships, claims, and minutes. Probate records of Mississippi have been kept by the chancery courts or probate courts. You can obtain copies of the records by contacting the clerk's office in each county courthouse.Nov 9, 2021

What should be the first paragraph of a motion?

The first paragraph of the motion should identify who you are, e.g., “I, Jane Doe, the Plaintiffin this action,” and should state precisely the relief that you are seeking, e.g., “I am requesting anextension of time to answer the Defendants’ discovery requests.” It is very important that you arespecific and concise about what you want so that the Court knows immediately what you areasking for.

What is the first step in a lawsuit?

Filing and serving a complaint is the first step in a lawsuit. After that, if you want the Courtto do something related to your case, YOU MUST FILE A MOTION. You cannot obtain relieffrom the Court by calling the Judge or Clerk of Court.

What is a caption in a motion?

The caption is the description on the front of every document filed with the Court listing the Court, parties, and case number. Your motion must include a caption. The caption of a motion looksmuch like a complaint, except that in a motion you do not need to list all the plaintiffs and defendants. On a motion, you may list only the first plaintiff and first defendant followed by “et al.” in the caseof multiple plaintiffs and/or defendants. An example of a caption for a motion is set out below:

What is Local Rule 7.1?

For your convenience, Local Rule 7.1., which governs civil motions, is set out in full below. You should not rely exclusively on this rule, however, and are encouraged to obtain and review theFederal Rules of Civil Procedure and this Court’s Local Rules in full.

What is the rule for motions concerning discovery?

Most importantly,before filing any such motion you must attempt to confer with the opposing party (or if the opposingparty is represented, his/her counsel) to resolve the dispute. Local Rule 37.1 governs motions relatingto discovery.

Do all motions have to be accompanied by a supporting memorandum?

Generally. All motions must state precisely the relief requested. Except for routine motions--suchas motions for extension of time--each motion must be accompanied by a supporting memorandum. Failureto file a supporting memorandum may be grounds for denying the motion.

What is an e-file motion?

Motions are electronically filed ( e-file) with the clerk of the court where your case is being heard and are decided by a judge at a motion hearing. A notice of motion lets the other side know that you filed a motion with the court. An example might be a Motion for a Continuance, which asks the court to postpone a court date because you will be ...

What is a sanction in a motion?

If you do, the court may sanction you. A sanction is a penalty - usually a fee or a fine. After you file a motion, a Notice of Motion lets the other side know the following: That you have filed a motion in the case. The type of motion you have filed.

What is a content block?

content block. A motion is a written request to the court to ask for a decision. There are many reasons to file a motion. Motions ask the court to enter an order to ask for the court's permission to do something or to require the other side to do something. Either side in a case can file a motion.

Bill Zukauckas

Having been a judge for 22 years, I agree that asking the judge's clerk nicely is worth a try. Sometimes the judge forgets. You will be cut some slack for being pro se, but don't annoy the judge. Being pro se, you need to err on the side of politeness because you don't understand what is normally expected. That's not your fault, just go slowly.

William Ray Pelger

be careful as many post trial motions are deemed to be denied if not ruled upon within 120 days.

Josh P Tolin

As the other lawyers have answered, just be patient. You can't force a Judge to make a ruling. If it has been over 90 days, I have nicely asked the judges clerk if a ruling or decision has been made, and remind her that a motion is pending and has been taken under submission.

Matthew Adam Pek

By law - notwithstanding the trial judge's enormous discretion in deciding all things of this nature - at least in New York, the State Court Judges are "supposed" to (according to the applicable laws governing judges and deadlines and the like) render their decision on any given motion within SIXTY (60) days from the date of full submission of all motion papers, opposition and reply (if any).

Stephen F. Mcwhirter

Generally, the Court can take as long as it wants to issue an order. It cannot act until the opposing party has had a chance to respond. If the opposing party responds, your boyfriend will likely have an opportunity to file a reply in support of his motion.

What is a motion in court?

A motion is essentially a legal request to a judge asking for a decision about a case. This specific request varies depending on the person filing the motion, or moving party's, goals in filing the motion. Typically, your lawyer will file any necessary motions for you.

What should be included in a motion?

This should include the name of court you are petitioning, the names of the plaintiff and defendant, the case number and name of the judge you are motioning. Here is an example of a header:

Who is Heather Orr?

Heather Orr has been a professional writer since 2004. She has numerous articles published by several different online media sources, as well as a book of original poetry titled "Walk of LIfe.". She also works with private clients on a variety of writing and marketing projects.

What is a motion in court?

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.

How to check if a court has a blank motion?

1. Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Look for these forms on the court's website, or contact the clerk of the court where your case has been assigned. If your court does not have blank motion forms, don't use a blank form from another state.

What is the heading of a court case?

The heading information is called the caption . Typically, the caption includes the name of the court, the name of the parties, and the case number. This information should always remain in the same form in all documents filed in your case, both in content and format.