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Temporary Restraining Order Sample With Motion In King
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State:
Multi-State
County:
King
Control #:
US-000299
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Word;
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FAQ
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
Under CPLR 2214(b), a notice of motion must be served at least eight days in advance of the motion date. Five additional days are added when service by mail is used. Responding papers are due two days before the motion date.
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
In most U.S. jurisdictions, a writ of mandamus or other similar appeal is how a party may compel a court to rule on a pending motion.
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
Similar variation across courts was seen in motions to dismiss and motions for summary judgment. Across all cases, the mean time to rule on Rule 12 motions was almost 130 days, but when broken down by district the mean time varied from 63 days in the fastest court to 176 days in the slowest court.
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This summary will BRIEFLY describe how to file an order to show cause with a temporary restraining order on an existing case. This summary will BRIEFLY describe how to file an order to show cause with a temporary restraining order on a new case.Motions to Quash Temporary Orders. A court can provide a petitioner a full stay away order mandating that the respondent (like a criminal defendant) can't have any contact with him or her. An ex parte motion is a motion made without notice, and it is only explicitly authorized in certain limited situations. Select "Emergency Motions" in the dropdown menu. Pick a date that is displayed as "available,". No. A Motion for Revision asks a judge to change the decision the commissioner made. You must also fill out items 1 and 2 on form CH109, Notice of Court. Hearing. And items 1, 2, and 3 on form CH- 110.