how to file motion in court without attorney

1. Go to the clerk's office. To file your motion, you'll need to take your original and copies to the court clerk's office.
2. Pay any applicable fees. Some courts don't charge any fees for filing a motion. If there is a filing fee, it typically will be less than $50.
3. Apply for a fee waiver if you can't afford the fees. ...
4. Get a hearing date. In some courts, the clerk will automatically set your motion for hearing on the court's calendar.
5. Have the other person served. Once your motion is filed, you must let the other person know so they can appear in court and defend themselves.

Full Answer

How do I file a motion in court without an attorney?

 · File a Motion in Court Without an AttorneyA motion is a request for a court to do something in a case that is currently open in that court. Therefore, a moti...

How to file a motion in court without an attorney?

 · 3 attorney answers. You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney. This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice.

How do I petition the court without an attorney?

 · A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

Can you file a motion without your lawyer?

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. Motions are electronically filed ( e-file) with the clerk of the court where your case is being heard and are …

Can you file a brief in opposition?

You can file a brief in opposition, but you have to be prepared to support your position with the facts, the law, and an appropriate legal analysis. You would be wise to retain an attorney.

Can I file a motion against the opposing party on my own concerning the motion they filed?

"can I file a motion against the opposing party on my own concerning the motion they filed" - To counter their motion you would file an answer to their motion. Focus on the specific points they raise and their reasoning. If you must represent yourself, go to your county law library and do some research on motions for reconsideration. Good luck...

What size paper do you need to file a complaint?

All complaints must be in English on 8-1/2” x 11” paper and include:

Do you have to notify the court of a change in contact information?

All litigants, including pro se litigants, are required to let the court and other parties to the lawsuit know if their contact information changes. This is to make sure that all case filings can be sent to the correct mail (or email) address. For this reason, you must inform the Pro Se Intake Unit in writing of any change to your contact information.

Can you request a summons without prepayment of fees?

If you request permission to proceed without prepayment of fees and your request is granted, the Pro Se Intake Unit will complete and issue a summons only if the assigned judge directs it to do so in an order of service.

What goes in a court petition?

What Goes in a Petition? Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition.

What is a petition in court?

A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...

What is a petitioner called?

In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...

What is the opening document of a divorce?

However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.

What should be included in a divorce petition?

If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...

What is the difference between a complaint and a petition?

What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.

Can a person file a complaint without an attorney?

A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.

What is a motion easy form?

Motion Easy Form. A program to help you complete the forms to ask a judge to do something in a case you are involved in. Petition for rule to show cause - Family law cases Easy Form.

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 motion to force discovery?

This motion asks the court to force the other side to turn over those documents . Other examples are a motion to ask for more time to move in an eviction or for a change in an earlier order.

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 court case program?

A program to help you tell the court and the other parties that you are participating in a court case.

Can you file multiple motions?

Multiple motions can be filed by each side, but you must have a good reason for filing a motion. You cannot file a motion if you are trying to delay proceedings, cause trouble for the other side, or for other improper reasons. If you do, the court may sanction you. A sanction is a penalty - usually a fee or a fine.

What is arbitration?

Arbitration is a process in which the parties involved in a legal dispute agree to empower one or more individuals to render a decision about the legal dispute after receiving evidence and hearing arguments.

Here's a typical arbitration provision in a contract

A typical arbitration provision in a contractual agreement says something like: “All disputes or claims relating to or arising under this Contract will be settled with binding arbitration in [State XYZ|. Any court with competent jurisdiction may confirm the award.”

Where will the arbitration take place?

If your dispute is eligible for arbitration, another key issue is determining where you agreed to arbitrate the dispute. When you file your Motion to Compel Arbitration, it should be in the district where your arbitration is supposed to occur. You can figure this out by reviewing your arbitration provision.

State Court or Federal Court?

Another issue to address is whether to pursue arbitration in state court or federal court. The Federal Arbitration Act (“FAA”) is a federal statute, but it does not guarantee or mandate that someone seek arbitration in federal court.

AAA, JAMS, and Forum are the main arbitration providers

American Arbitation Association (AAA), JAMS Solutions, and Forum are the three primary arbitration organizations in the US. If your Motion to Compel Arbitration has been accepted by the court, it is very likely that your arbitration case will involve one of these three organizations.

Arbitration clause example

Here's a real example of an arbitration clause, as sited in a contract with Synchrony Bank:

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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 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.

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 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.

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 a legal motion?

Legal motions are one of the most common facets of the American justice system and they ensure that controversial or disputed issues related to a case can be settled quickly and efficiently so that the case itself can ultimately be resolved in an effective manner.

When are different motions used in a trial?

Different motions are used at different points in a trial, including: Before the trial begins. During it. After a verdict has been delivered. While there are lots of different types of legal motions, the ones below tend to stand out for being both very common and very important to individual cases.

What is a motion for nolle prosequi?

This motion is often filed if new evidence has come to light either proving the defendant’s innocence or exposing a serious flaw in the prosecution’s case. A motion for nolle prosequi is basically the prosecution asking that the judge throw out the case because the defendant is either innocent or there is clearly not enough evidence to lead to a conviction.

Why do we use motions to compel?

As noted above, motions to compel can be used during the discovery process to ensure that both parties have full access to the facts of the case. For example, if the plaintiff refuses to answer questions in a deposition, the defendant may file a motion to compel the plaintiff to answer those questions.

What is a motion to compel discovery?

A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response.

Why is a motion to dismiss important?

procedural law. The moving party in such a case may concede that the facts of the case are true, but that the case should nonetheless be dismissed because there is no legal issue presented in those facts that the court can rule on.

What is a motion for a directed verdict?

Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case.

Drafting The Complaint

• You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available onlineand at the Pro Se Intake Unit. You may also write your own complaint without using a court form. All complaints must be in English on 8-1/...

See more on nysd.uscourts.gov

Filing and Serving The Complaint

Keeping Your Address Updated