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If the estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open. A copy of this notice must be given to all interested persons. Ensure that all taxes on the estate are paid.
A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.
A Motion is a document filed with the Court to ask that the Court take certain action in a case. The person filing the Motion must also file a Proposed Order, a Notice of Motion and Opportunity to Object, and a Certificate of Service.
PROOF OF SERVICE. A proof of service is, in almost all instances, required to be attached to documents that you are filing with the Court. This document is ?proof? to the Court of the ?service? you completed for the document you are filing.
What it means to file a motion: 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.
Filing a Request to Seize Property Form MC 19, Request and Order to Seize Property, is used to start the process. Complete the Request portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the order by signing the form, and it will be executed by a sheriff or court officer.
File the Motion with the court. File all four copies of your motion with the court in person or by first-class mail. If you mail your motion to the court, include a postage-paid and self-addressed envelope with your motion so that the court can return copies.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.