A motion for a hearing is filed when you need the court to do something for you, according to Findlaw.com. A motion for a hearing asks the court to hold a conference where two parties in a legal dispute are required to show up to resolve a matter. The court will hear the parties and reach a decision. A court does not have to grant a motion for a hearing if it decides it is unnecessary. Most courts require that motions be submitted in writing.
Things You'll Need
- Word-processing software
Contact the court clerk's office and find your case number. The case number is the unique identifier for your case and is needed on all documents submitted to the court.
Learn from the clerk or court coordinator what the local rules of the court are regarding hearings. Some courts only hold hearings once or twice a month.
Draft a copy of the motion for a hearing and put your case number on the top. The motion should include the reason why a hearing is necessary and why the matter cannot be resolved without the assistance of the judge.
Send a copy of your motion to the other side before you file it with the court. You can deliver the copy in person or send it by mail, fax or email. The local rules of procedure usually require you send the motion several days before the proposed date of hearing. In most cases, it is best to give the other side at least two weeks' notice.
File your motion with the court. The court will either grant the motion or deny it. It may take several days for the court to decide what it will do. If your motion is granted, you will learn from the court clerk or coordinator when your hearing will be set.
Tips & Warnings
- If your opponent in the case is being difficult, you may want to deliver your motion by personal service or certified mail. That is necessary because the court will want to make sure the other side knew about the upcoming hearing. If you use a person to serve the document to the other party and then the other side denies receiving the motion, your delivery person can testify to the other side's having received the notice. If the motion is sent by certified mail, then the return receipt will serve as proof of receipt.
- Always state the truth in your motions to the court. Exaggerating facts may land a person in contempt of court, which is punishable by a fine and jail time.
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