Depending on state law, civil cases allow individuals to schedule hearings by filing a motion, or noticed motion, according to the Superior Court of California. Motions are often urgent, and when using the ex parte motion, the opposing party is quickly given notice of an upcoming hearing.Continue Reading
As of 2015, motions filed for an ex parte hearing require the opposing party to receive notice of the hearing the day before the hearing, notes the Superior Court of California. Advanced warning of the hearing is contained within the motion papers and is served to the opposing party, or his lawyer. The person initiating the case is required to pay a filing fee set by the court.
There are several types of motions for pre-trial and post-trial legal matters, as noted by the Superior Court of California. During the pre-trial phase, a person can file motions to continue, quash summons or strike pleadings. Post-trial motions are used to ask for a new trial or amend a judgment. In the state of California, every motion has three parts, which include the hearing notice, the motion and a memorandum that supports the content of the motion. Statements made in a motion must contain only facts and are subject to perjury penalties.
Motions must be filed on pleading paper forms following court rules, and court rules stipulate the documents must be filed electronically, notes the Superior Court of California. State laws differ, so it is important to check with the court system for the individual state and county in which the action is to occur.Learn more about Law