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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.
P. 45.06. Disobedience of a subpoena or a refusal to be sworn or to answer as a witness may be punished as a contempt of the court in which the action is pending.
Contempt of court: this charge indicates that you failed to obey a court order and is a misdemeanor charge. Failure to appear: a misdemeanor charge that will not necessarily result in severe consequences, but will not improve your standing with the court.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
A: File a motion for contempt in the clerks office setting out the violations. Mail a copy of it to the other party. Appear at the date snd time the clerk gives you when you file it.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order. B. An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.
As criminal defense attorney I am often asked, ?Can I expunge an EPO or DVO?? If certain criteria are met, you can expunge an EPO or IPO in Kentucky. You will need to pay the initial fee of $40.50 for a background check. Once that is certified by the state, your attorney can file to have the records expunged.
An oral motion may be made during a hearing or trial, but motions are usually in writing and filed with the Office of Circuit Court Clerk. Often motions have a ?memorandum? filed with them that explains the legal reasons why the court should grant the motion.
Think of motion hour as a mechanism for taking care of the weekly business so that divorce, legal separation, child custody, and support cases keep moving forward. Motions generally have to be filed (and served on the other party or lawyer) on the Tuesday prior to the next motion hour.