Motion For Temporary Restraining Order And Preliminary Injunction In Fulton
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FAQ
Answer: Each judge handles his or her own docket, and there is no deadline for deciding a motion.
(c) TIME TO RESPOND. A party may respond to a motion within fourteen days after service of the motion.
NON-EVIDENTIARY MOTION(S) WITHOUT HEARING: Pretrial non-evidentiary motions may be subject to review and ruling by the judge based only upon the motion along with written argument and any authority timely filed in the action.
Here's what generally happens if there's no response: Default Judgment: If the defendant, or their counsel, fails to respond to the summons within the specified time frame (usually 20 to 30 days depending on the jurisdiction), the plaintiff may request a default judgment.
If there was not a hearing, you can expect an order on the motion generally within 30 days, depending on how busy the judge's desk is.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
Outlining the required elements of an Order to Show Cause Identify the parties involved in the legal action. Set forth the relief requested. Specify the legal basis for the requested relief. Specify the timely filing of the Order to Show Cause. Identify a date and time for the hearing.
You can also use an affidavit or several affidavits in support of your motion to show the judge the seriousness of the matter and to support your request for the relief. An affidavit is a sworn statement generally containing first-hand information.
(The TPO action is a separate action from the divorce.) To prevail, the Petitioner has to prove by a preponderance of evidence that an act of family violence occurred. It is not a heavy burden of proof.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
