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Unless made orally during a hearing or trial, motions should be in writing, should state the action sought, and should set forth the facts. Motions are the primary way for litigants to ask the Court to take action in a case. They must be filed with the Clerk, and copies must be mailed to all opposing parties (L.R.
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.
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.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.
Common post-trial motions include: Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. ... Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.