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Waiving the right to a speedy trial may occur if a defendant believes that additional time is necessary to prepare a stronger case. This decision can provide lawyers with more opportunity to gather evidence and build a solid argument. However, it is crucial to weigh the pros and cons of such a waiver, as doing so might prolong the resolution of the case.
A motion to dismiss can be a positive development for a party seeking resolution. It requests the court to stop the case before it goes to trial, often based on legal deficiencies in the opposing party's claims. When considering this, parties might also file a motion to shorten time for trial to speed up the dismissal process. Timeliness can provide clarity and save resources for all involved.
They are used to address visitation issues when there isn't time to wait for a full hearing, vacation issues, event of extracurricular issues (such as upcoming trips that one parent won't consent to) as well as certain kinds of medical issues.
There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside. Motions for new trial, motions to vacate, and motions to set-aside are the three most common post-judgment motions.
Shortening time is a court order made per the request of a party by a motion filed, allowing a motion or other legal matter to be set at a time shorter than provided by law or rules of court.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...