If a party fails to obtain an extension of time to meet a requirement before the time expires, then the party must file a motion for leave to complete the action “out-of-time,” stating good cause for having failed to timely comply.
One of the last steps a prosecutor takes before trial is to respond to or file motions. 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.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
The subject of the request is not a right under the law and the court can determine that it shouldMoreThe subject of the request is not a right under the law and the court can determine that it should not be granted. Given the available information the motion usually presents.
If a party fails to obtain an extension of time to meet a requirement before the time expires, then the party must file a motion for leave to complete the action “out-of-time,” stating good cause for having failed to timely comply.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.
To make a motion, you must first be recognized and given the floor by the meeting chairperson or presiding officer. Once you have the floor, state the motion as “I move (state your motion here).”