Florida General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

State:
Multi-State
Control #:
US-01056BG
Format:
Word; 
Rich Text
Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion
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  • Preview General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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Types of Motions Motions for a Pretrial Release. ... Motions for Continuance. ... Motion to Compel Discovery. ... Motion to Suppress. ... Motion to Suppress Physical Evidence. ... Motion to Suppress Confession or Admission. ... Motion to Suppress an Identification.

Motion to dismiss. ... Discovery motions. ... Motion to compel. ... Motion to strike. ... Motion for summary judgment. ... Motion for a directed verdict. ... Motion for nolle prosequi. ... Motion in Limine.

A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

Generally, it means that the court will not approve the motion.

The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.

Anytime you have set a hearing before a judge, you must send notice of the hearing to the other party. IMPORTANT: If your hearing has been set before a general magistrate, you should use Notice of Hearing Before General Magistrate, Florida Family Law Rules of Procedure Form 12.920(c).

A motion must include ? in a single document no longer than twenty-five pages inclusive of all parts ? a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.

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.

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Florida General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion