how to find out if my attorney filed a motion in a courthouse

If you are asking about the history of your case and whether such a motion was filed in the past, go to the clerk of the Circuit Court and review the court file... The best way to find out of your lawyer filed a motion...is to call the lawyer and ask him/her.

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How do I file a motion in court?

Jan 02, 2015 · If you presently have an attorney, call and ask the attorney whether a motion was filed. If you are asking about the history of your case and whether such a motion was filed in the past, go to the clerk of the Circuit Court and review the court file.

How do I find a motion for contempt of court?

Nov 14, 2012 · It sounds like you are in Douglas County. You can call the main clerk's line and then go through the telephone system to try to talk with the clerk that is in the division in which your case is filed. Normally, when someone files a motion in CO, they have to either personally serve or at least mail you a copy of that motion.

Can a motion be filed in a case that is open?

Check with the Court Clerk. Visit the Court Clerk in your county of residence to find out if anyone has filed a lawsuit against you. The Court Clerk can conduct a record search to see if you have a pending lawsuit or judgment. Hopefully, if a case has been filed, you’ll find out before the court issues a default judgment.

How do I file a motion without a blank form?

Why would a lawyer issue a motion in a case?

Motions may be used in numerous ways to aid your case. They can be used to obtain information, to dismiss cases, or to trim cases down. They can be simple, such as a basic request to extend a deadline, or highly technical (requiring the attorneys to submit complex memoranda).

What is a notice of motion?

A Notice of Motion is a document that outlines the details of your legal proceedings. ... You will be asked to sign and confirm you have received and understand the notice. A Founding Affidavit will also be delivered and should be attached to the Notice of Motion.

What is filed a motion?

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.Mar 17, 2020

What is a Notice of motion New York?

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

What is a response to a notice of motion?

The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.

What is the Plascon Evans rule?

The application of the Plascon-Evans rule is not rigid. Rule 6(5)(g) of the Uniform Rules of Court provides that where an application cannot properly be decided on affidavit, the court may dismiss the application or make such order as it deems fit with a view to ensuring a just and expeditious decision.Nov 23, 2021

What are the 4 types of motions?

The four types of motion are:linear.rotary.reciprocating.oscillating.

What are the most common pretrial motions?

Common pretrial motions include:Motion to suppress. ... Discovery Motion. ... Motion to change venue. ... Motion to dismiss. ... Motion to disclose identity of informant. ... Motion to modify bail.

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

Where are motions returnable in New York County?

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM.

What is a sur reply?

A surreply, or sur-reply, is an additional reply to a motion filed after the motion has. already been fully briefed.Jul 24, 2017

What is a cross motion in NY?

If the non moving party wants to request affirmative relief in their favor, they file a cross motion. The cross motion acts as both an affidavit in opposition to the motion in chief and in support of the cross motion. An affidavit in opposition is the opposition papers filed by the non moving party.

How do I file a motion in New York State?

In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...

How do you withdraw a motion from the New York Supreme court?

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.

What is the legal document filed with the court called?

pleadingsThe legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your civil ...

What is a return date New York state court?

This is sometimes called the “return date,” or the date the motion is “returnable.” The party making the motion (moving party) chooses the date the motion will be heard by the court. When you choose the date, you must pick a date that gives the other side at least 8 days of notice.Apr 1, 2013

What is a Notice of motion New York?

A Notice of Motion is like the invitation to the party. It tells the court and the other side what the party is for, the time, date and place, and when to RSVP. This is called the relief sought, the return date and the time for service of answering papers/CPLR 2214(b).

How long does a judge have to answer a motion in NY?

60 daysDecisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.Jul 22, 2019

What is a notice of motion?

A Notice of Motion is a document that outlines the details of your legal proceedings. ... You will be asked to sign and confirm you have received and understand the notice. A Founding Affidavit will also be delivered and should be attached to the Notice of Motion.

Where are motions returnable in New York County?

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at 9:30 AM.

What is a trial subpoena New York?

A subpoena for records (duces tecum) can be used to require documents, papers or writings to be brought to the court as evidence. You can apply to the Court to issue a subpoena. ... A person or organization can object to a subpoena by asking the court in a motion or order to show cause. This is called a motion to quash.May 28, 2019

When a court opinion is not unanimous?

Whenever a court's opinion is not unanimous, but most of the judges agree with it, is it called a: Majority opinion. In a particular case, Judge Angle does not agree at all with the other judges' opinions.

Where can I find legal definitions?

Free Online Legal DictionariesWex. Legal Information Institute, Cornell University Law School. ... Findlaw Legal Dictionary. Thomson Reuters. ... Law.com Dictionary. ... Nolo's Free Dictionary of Law Terms and Legal Definitions. ... Legal Dictionary. ... Merriam-Webster's Law Dictionary. ... Legal Dictionary. ... Legal Dictionaries.Oct 12, 2021

When a judge makes a decision what is it called?

Adjudication: A decision or sentence imposed by a judge.

What does motion returnable mean?

It recites facts to demonstrate that the defendant has actually been given notice that she is required to appear in court.

What is a cross motion in New York?

If the non moving party wants to request affirmative relief in their favor, they file a cross motion. The cross motion acts as both an affidavit in opposition to the motion in chief and in support of the cross motion. An affidavit in opposition is the opposition papers filed by the non moving party.

What is a return date?

The term Return date means the day named in a writ or other form of legal process as the date when the response to that paper must be made. Return date, in case of divorce cases is the date on which the stipulated waiting period for a divorce begins. It is also the date by which the defendant should file an appearance.