A Motion for Final Hearing is filed in order to inform the court that 60 days have passed since filing of the petition. In addition, it seeks to request that the court set the matter for final hearing as soon as possible.
Motion For Final Hearing Without A Trial
State:
Indiana
Control #:
IN-813D
Format:
PDF
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How to fill out Indiana Motion For Final Hearing?
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FAQ
If the Motion is properly filed, the Judge may schedule a court date to consider and hear evidence about the Motion. Or the Judge may rule on the Motion without a hearing.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
There is usually some finality to a trial. At the end of a trial, there will be a ruling or judgment made by the judge or the jury. A hearing, on the other hand, is often you used as a catch all term to describe any all matter that comes before a judge.
If you and the other side do not agree on all the issues in your case, you can ask a judge to decide those issues at a contested final hearing. The judge will listen to both sides and then make a decision. You will be expected to follow court rules of evidence and procedure at a contested final hearing.
The judge will sign the final decree, making it a legally binding document. The Final Decree of Divorce should dispose of all unresolved issues in the divorce. It also may provide for the name change of a party to a name previously used by that party.