Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff

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US-01057BG
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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. A motion may be directed strictly to a procedural defect or matter. 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.

Title: Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff: Explained Introduction: In Indiana's legal system, when a defendant wishes to challenge a court's ruling or order, they can file a Motion to Reconsider. This motion provides them with an opportunity to request the court to review its decision and potentially modify or reverse it. In this article, we delve into the details of the Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff, its purpose, procedure, and various types. Types of Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff: 1. Motion to Reconsider: The Motion to Reconsider is the primary type of motion through which a defendant in Indiana seeks to challenge a court's ruling. By filing this motion, the defendant asks the court to reevaluate its order based on legal grounds, evidence, or arguments that were not fully considered or available during the initial proceeding. 2. Motion for Relief from Judgment: In certain instances, a defendant may file a Motion for Relief from Judgment instead of or in addition to a Motion to Reconsider. This motion is typically used when there was a procedural error, fraud, or mistake that occurred during the initial judgment, significantly impacting the defendant's rights. 3. Motion for New Trial: A Motion for New Trial is another type of motion that can be filed by a defendant in Indiana. This motion requests the court to review the case in its entirety, and it is generally based on newly discovered evidence, errors in jury instructions, or misconduct during the trial. Procedure for Filing a Motion to Reconsider and Notice of Motion to Plaintiff: 1. Drafting the Motion: To initiate the process, the defendant's attorney (or the defendant, if self-represented) must thoroughly review the court's order and identify valid legal grounds for reconsideration. The motion should clearly state the specific reasons for seeking reconsideration, referencing applicable statutes, rules of procedure, or case law. 2. Supporting Documentation: Along with the motion, the defendant should gather any relevant supporting documents that strengthen their arguments. This may include new evidence, affidavits, transcripts, or any other information that substantiates the grounds for reconsideration. 3. Filing the Motion: After completing the drafting and gathering of supporting documentation, the defendant's attorney must file the Motion to Reconsider and the Notice of Motion to Plaintiff with the appropriate court and serve copies to all involved parties, including the plaintiff or plaintiff's attorney. 4. Serving Notice to Plaintiff: The Notice of Motion to Plaintiff must clearly outline the date, time, and place when the motion will be presented to the court. Additionally, it informs the plaintiff of their right to respond to the motion and attend the scheduled hearing. Conclusion: Understanding the Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff is essential for defendants seeking a review of a court's decision. By utilizing the various available motions such as the Motion to Reconsider, Motion for Relief from Judgment, or Motion for New Trial, defendants can present valid legal arguments and evidence to potentially alter the court's initial ruling.

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76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.

A person appointed to serve as special judge under a local rule must accept jurisdiction in the case unless the appointed special judge is disqualified pursuant to the Code of Judicial Conduct, ineligible for service under this rule, or excused from service by the Indiana Supreme Court.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

Trial Rule 77(A) - Required records. The clerk of the circuit court shall maintain any record required by an act of the general assembly or a duly promulgated rule of any state agency, including the following: Lis pendens record - Ind.

It shall be the duty of each court reporter whenever required by the judge, to be promptly present in court, and take down in shorthand or by other means the oral evidence given in all causes, including both questions and answers, and to note all rulings of the judge in respect to the admission and rejection of ...

Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.

Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

A response filed after ruling on the motion will automatically be treated as a motion to reconsider; any party may file a motion to reconsider a decision on a motion described in this Section within ten (10) days after the Court's ruling on the motion.

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An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... → You must fully complete the Motion. → You must complete only the top half of the Order. Print and bring both forms to court. SCROLL DOWN FOR.This SAMPLE PLEADING is not intended to be legal advice. This SAMPLE FORM is not a fill-in-the-blank form. The form cannot be copied and used “as is”. You can file a Motion for Reconsideration with the judge and ask the judge to change his or her own decision. (Motions for Reconsideration are called Motions to ... May 16, 2023 — To seal a case, a party must file a motion requesting that the court seal the case with a proposed order at or before the time the party files ... Motion practice is the three-step process to ask the judge to order something in the case. First, the moving party, i.e. the person who is asking for a court ... Two types of procedure to obtain relief from judgments are specified in the rules as it is proposed to amend them. One procedure is by motion in the court and ... When you ask the judge to cancel a court order, the judge will make the decision to cancel it (or not) based on your request, the other side's response, and the ... (b) the moving party shall serve with the notice of motion and immediately file, with proof of service in the court office where the motion is to be heard, a ... Sep 21, 2021 — Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals ...

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Indiana Motion of Defendant Requesting Court to Reconsider an Order and Notice of Motion to Plaintiff