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Questions and Answers
What is defined as an application for relief other than by a pleading?
What is defined as an application for relief other than by a pleading?
- Pleading
- Affidavit
- Motion (correct)
- Deposition
What is required for a motion that is made outside of open court?
What is required for a motion that is made outside of open court?
- It must be made orally.
- The judge must initiate the motion.
- It must be accompanied by supporting documents. (correct)
- The opposing party must waive their right to respond.
Which of the following is a characteristic of non-litigious motions?
Which of the following is a characteristic of non-litigious motions?
- They are typically resolved within thirty (30) calendar days.
- They must be set for a formal hearing.
- They require a full trial.
- They may be acted upon without prejudice to the rights of adverse parties. (correct)
How long does the court have to resolve non-litigious motions after receipt?
How long does the court have to resolve non-litigious motions after receipt?
What must a motion state according to the rules?
What must a motion state according to the rules?
Which of the following is NOT a non-litigious motion as per the information provided?
Which of the following is NOT a non-litigious motion as per the information provided?
When a motion is based on facts not in the record, what may the court use to hear the matter?
When a motion is based on facts not in the record, what may the court use to hear the matter?
What is the immediate action required by the court when a motion is made in open court?
What is the immediate action required by the court when a motion is made in open court?
What is the time frame for the opposing party to file their opposition to a litigious motion after receiving it?
What is the time frame for the opposing party to file their opposition to a litigious motion after receiving it?
Which of the following motions is prohibited under the rules stated?
Which of the following motions is prohibited under the rules stated?
What must accompany a motion for leave to file a pleading or motion?
What must accompany a motion for leave to file a pleading or motion?
On which day are hearings for litigious motions typically scheduled?
On which day are hearings for litigious motions typically scheduled?
What is the maximum time allowed for a court to resolve a litigious motion after receiving the opposition?
What is the maximum time allowed for a court to resolve a litigious motion after receiving the opposition?
What type of motion cannot be used to challenge jurisdiction or pending actions between the same parties?
What type of motion cannot be used to challenge jurisdiction or pending actions between the same parties?
Which type of proof is necessary for the court to act on a written motion?
Which type of proof is necessary for the court to act on a written motion?
An omnibus motion must include what in relation to objections?
An omnibus motion must include what in relation to objections?
Which of the following methods is NOT acceptable for serving motions?
Which of the following methods is NOT acceptable for serving motions?
What is a required action before a court can consider a written motion?
What is a required action before a court can consider a written motion?
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Study Notes
Definition and Writing of Motions
- A motion is an application for relief that is not part of a pleading.
- All motions must be submitted in writing, except those made in open court or during hearings/trials.
- Immediate resolution is required for motions made in open court, allowing for opposition from the other party.
- Motions based on facts not recorded can be supported by affidavits or depositions.
Contents of a Motion
- A motion must clearly state the relief being sought along with the grounds for the request.
- Supporting affidavits and necessary documents should accompany the motion.
Non-Litigious Motions
- Non-litigious motions do not prejudice the rights of opposing parties and include:
- Motions for alias summons, extension to file answers, and postponement.
- Motions for writs of execution, possession, and specific court orders.
- These motions must be resolved by the court within five calendar days from receipt.
Litigious Motions
- Litigious motions are contested and require careful service and response, including:
- Motions for bills of particulars, dismissals, new trials, and reconsiderations.
- A response must be filed within five calendar days by the opposing party.
- The court resolves these motions within fifteen calendar days following opposition receipt or upon expiration of the response period.
Hearing and Notice of Litigious Motions
- The court may call for a hearing on litigious motions if necessary and must notify all parties of the specifics.
Proof of Service
- Motions must be accompanied by proof of service to be acted upon by the court.
Motion Day
- For litigious motions requiring a hearing, they are typically scheduled for Fridays.
Omnibus Motions
- An omnibus motion can attack a pleading, order, or judgment and must include all available objections; failure to do so waives any omitted objections.
Motion for Leave
- A motion for leave to file additional pleadings must include the actual pleading or motion.
Form and Structure
- The rules regarding pleadings also apply to the form of written motions, including caption and signature.
Prohibited Motions
- Certain motions are not allowed, such as:
- Motion to dismiss on grounds other than lack of jurisdiction, another pending action, or statute of limitations.
- Motion to hear affirmative defenses or reconsider actions on those defenses.
- Motion to suspend proceedings without prior court orders or extensions not specified by the rules.
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