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What is Motion Hour? A Comprehensive Guide to Its Legal Definition
Definition & meaning
Motion hour is a designated time during court proceedings when various motions are presented before a judge. During this period, attorneys file motions with the court clerk, who then schedules them on a calendar for the judge to review. This allows parties involved to voice any objections or concerns regarding the motions being considered.
Table of content
Legal use & context
Motion hour is commonly utilized in various legal areas, including civil, criminal, and family law. It serves as a crucial part of the court process, enabling parties to request specific actions or decisions from the court. Users can often manage related forms and procedures themselves by utilizing legal templates available through services like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in a family law case, a parent may file a motion during motion hour to modify child custody arrangements. The other parent can then attend and object to the proposed changes if they disagree.
(hypothetical example) In a criminal case, a defendant may file a motion to suppress evidence. During motion hour, the prosecution can present their objections, and the judge will make a ruling based on the arguments presented.
State-by-state differences
Examples of state differences (not exhaustive):
State
Motion Hour Practices
California
Motion hour is typically held on Fridays for civil cases.
Texas
Motion hour varies by district; some courts hold it weekly, while others may do so bi-weekly.
New York
Motion hour is generally scheduled on specific days, often set by the court rules.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Hearing
A session where parties present arguments to a judge.
Motion hour is specifically for motions, while hearings can cover broader issues.
Motion
A formal request to the court for a specific ruling.
Motion hour is the time when these requests are considered.
Common misunderstandings
What to do if this term applies to you
If you need to present a motion, first ensure you file it with the court clerk well in advance of the scheduled motion hour. Prepare any necessary documentation and be ready to present your case. If you're unsure about the process, consider using US Legal Forms' templates to help you draft your motion. For complex matters, seeking professional legal assistance may be beneficial.
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