What Is the Process to File a Motion?


Quick Answer

The process to file a motion involves three steps: the moving party files a motion, the opposing party files a response to the motion and the moving party files a reply to the response, according to Alaska Court System. This process is called motion practice.

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Full Answer

To file a motion, the moving party fills three forms: motion, affidavit and memorandum, and order on motion, explains Alaska Court System. In the motion form, the moving party briefly tells the judge his request and the reason for the request, usually in one or two sentences. The affidavit and memorandum contains the moving party's important and relevant details in support of his request, the order on motion contains the judge's order which the moving party asks the judge to sign. Once the forms have been filled, the moving party serves the motion to the opposing party.

Upon receipt of the motion, the opposing party files a response, states Alaska Court System. The first form the opposing party fills is the opposition form, in which he states what he disagrees with, his demands and the reasons for his disagreement in one or two sentences. In the second form, affidavit and memorandum, the opposing party details relevant facts and arguments to support his response. In the third form, the opposing party asks the judge to sign the order on opposition, which the judge either accepts in agreement with the opposition or denies. The opposing party serves the moving party with the response.

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