How do you apply for a court order?


Quick Answer

To apply for a court order, a person must initiate a court case in the court where she wants the order. Once a case exists, the litigant must bring a motion before the court and ask the court to order a specific action, explains the New York State Unified Court System.

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Full Answer

The type of court paperwork that a litigant needs to file in order to receive the order from the court depends on the type of case, explains The Judicial Branch of California. A litigant must follow strict rules for bringing her request before the court. These rules include making sure the other side has notice of the motion a certain number of days before the court hears the motion. The other side also must receive all the paperwork that relates to the motion.

The court motion should include all of the information that the litigant thinks that the court needs in order to make a decision, according to the New York State Unified Court System. If the litigant wants the court to issue an order immediately, rather than waiting for the court date, the litigant must state this request and the reason for the request. Depending on the type of case, the person asking for the order must also include an affidavit stating the facts surrounding the case.

Finally, the litigant must attend the court hearing where the judge decides the motion, explains the New York State Unified Court System. If the person does not appear at the court date, the judge typically dismisses the motion and declines to issue an order. If the judge issues the order, the litigant must see that the clerk of court enters the order. The litigant must then mail a copy of the order to the other party.

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