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Frequently Asked Questions

Return to top 8. How do I file a Motion for Relief From Stay?

U.S. Bankruptcy Court - District of Colorado - FAQs
You must file a motion stating grounds for relief from stay under 11 U.S.C. ?362, pursuant to Federal Rules of Bankruptcy Procedure 4001 and Local Bankruptcy Rule 401. A $150 filing fee must accompany the motion. Obtaining the assistance of an attorney is strongly recommended. Businesses or other entities, other than a sole proprietorship, must retain counsel to file a motion for relief from stay.

How do I file an emergency motion?

Court of Appeals: FAQ's
emergency motion, captioned as such, is filed with clerk of the appellate court in Room 145 of the Lakeside County Courthouse. Personnel at the court of appeals will notify you of the appellate courts decision.

Can I file more than one motion in a case simultaneously?

e-filing Frequently Asked Question
No. In general, each motion must be treated as a separate transaction. Each filing will generate a confirmation screen that contains the date and time of the transaction as well as the date and time of filing. You may then return to the same case to file additional motions without logging out of the system. The exception to this general rule is the filing of a multi-request document in connection with a foreclosure by sale.

Do I have to file a motion to use your services?

Utah Co-Parenting Mediation Program
Parties can participate in the Co-Parenting Mediation Program by either filing a motion alleging problems, concerns, or non-compliance with the court-ordered parent-time order, OR by mutual agreement. The Judge or Commissioner can also order the parties to mediation during a court hearing. If the parties wish to attempt mediation without filing a motion, they must contact the Program and request services.

What is a bail remission motion and how do I file one?

NY County - Supreme Criminal Term, 1st JD
A bail remission motion is a request for a refund of bail money that was forfeited. Application must be made within one (1) year from date of forfeiture before the Administrative Judge of Supreme Court, New County. In all applications for the remission of bail forfeitures, please be advised of the All applications for the remission of bail will be litigated. The court will not consider any papers until the District Attorney's Office has had an opportunity to respond.

Where do I file a post-judgment motion?

NY County - Supreme Criminal Term, 1st JD
Post judgment motions must first be served on the New York County District Attorney's Office, located at One Hogan Place, New York, N Y 10013, then filed with the Motion Support Unit of the Supreme Court located at 100 Centre Street, Room 1007, New York, NY 10013, (646) 386-3860.

What is a Motion for Discovery?

Speeding Ticket FAQ
A Motion differs from a Request in that a defendant makes the Motion to the court and not the prosecution. In a Motion for Discovery you must justify your reasons for making certain requests for information and the court will decide if your request has merit. If the Court determines that your request is legitimate and the information is needed for your defense, it will order that the information be given you.

What is a Motion?

NVB-FAQ
A motion is a written formal statement in which the party who is requesting an action, the movant, sets forth his grounds for the action requested. The party against whom the action is requested is the respondent. Hiring a competent attorney is highly recommended.

In a matrimonial action, when do I file a motion and when do I file an order to show cause?

Supreme Court - 2JD Kings County
All post judgment requests (matters submitted to the court after the judgment of divorce has been signed) must be submitted by order to show cause. Requests for relief while the case is still going on can be done by notice of motion, but the return date, unless ordered otherwise by the court, must be only on the judge's motion dates. There is a $45 motion fee for all motions and orders to show cause.

I am filing a motion and I have a notice of hearing to accompany it. How do I file it?

Frequently Asked Questions
Oral hearings on motions for rehearing or reconsideration, motions for reduction of sentence and motions in civil cases where a party is in custody will not be held unless ordered by the assigned judge. Oral hearings on all other motions will be held unless the judge at any time prior to the hearing orders their submission and determination without oral hearing on the briefs filed as required by this rule.

Can I file a joinder to another party's motion for summary judgement/adjudication?

Frequently Asked Questions
No. A joinder to summary judgment motion that does not contain its own notice of motion and separate statement of undisputed facts does not constitute a valid summary judgment motion, and the court cannot grant summary judgment based upon such a joinder. (Village Nurseries, L.P. v. Greenbaum (2002) 101 Cal.App.4th 26, 47.)

How do you file a Motion to Set Aside a Default Judgment?

Traffic Division Frequently Asked Questions
You must fill out the Motion to Set Aside Default Judgment and Order - CIA04 (file size 20k) form with your explanation of why you feel you should be allowed to set aside the default. A cash bond must be posted in the amount of the ticket, plus the $25 default fee and the form. If the Magistrate grants the motion, an Informal Hearing will be scheduled and you will be sent a notice within approximately two months.

How soon may I e-file a motion or document on my newly e-filed case?

e-filing Frequently Asked Question
of October 18, 2004, you may access a newly e-filed case immediately to e-file or view a document. You may also file a paper document on a newly e-filed case that same day at the courthouse during regular business hours. [Top]

How do I file a motion to enforce the parent-time (visitation) order?

Utah Co-Parenting Mediation Program
A "do-it-yourself" Motion to Enforce Parent-time Order is available on-line, as well as instructions with how to file it with the clerk's office. If you have an order of the court from the Third District (Salt Lake, Summit, and Tooele counties), you may print out and file the Motion to begin the parent-time enforcement process.

Can a blacklisted constructor file a Motion for Reconsideration or Appeal?

Tradeline News & Market Developments
Yes. The blacklisting guidelines as amended 18 July 2000 provide under Sections 6.5 and 6.6 the filing of a Motion of Reconsideration and Appeal, respectively. No.

I want to file a motion to seal a document or a case. How do I do that?

FAQ'S 8th Circuit Appellate CM/ECF
Currently, you must file your motion to seal and your proposed sealed materials in paper format. The clerk's office will process the motion and create the docket entries associated with the filing. Please state in the text of the motion whether the motion to seal must be sealed. You cannot delete events or documents. If you have made an error (filed in the wrong case, submitted the wrong version of a document, etc.), call the clerk's office.

How do I know when a motion to seal a file or to close a courtroom has been filed?

Connecticut Judicial Branch Media FAQ's
A notice of motions to seal documents and to close proceedings in family, civil and housing matters is posted on the Judicial Branch website. defendant is 16- or 17-year-old who may be eligible for youthful offender status (effective Jan. 1, 2006; please see question regarding youthful offenders in next section, Juvenile/Youthful Offender.)
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