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A motion to reconsider should be filed when arguing that the judge made an error of law or fact, or when the law has changed or a new fact has been discovered since the order was entered. Under Local Rule 7.1(j), a motion to reconsider may be filed only with the permission of the court.
A plea hearing, also referred to as a Felony Early Disposition (FED) hearing, is when the defendant enters a plea of guilty to agreed upon charges. No trial will take place.
A response to a motion for review, combined motion, or counter motion shall: (1) state why the relief requested should or should not be granted; (2) if new issues are raised, state the specific change(s) requested; (3) if new issues are raised, specify the evidence or law that supports the requested change(s); (4) ...
(a) The purpose of this hearing is to again advise defendants of their rights, to allow defendants to plead guilty, or if the defendant does not plead guilty, to request or waive an Omnibus Hearing under Rule 11. (b) At this hearing, the court must again inform the defendant of the: (1) charge(s);
Please note that court employees can give general information about court rules, forms, and procedures, but they cannot give legal advice. Step 1: Fill out the Motion form. ... Step 2: Fill out the Affidavit in Support of Motion form. ... Step 3: Serve your Motion and Affidavit on the opposing parties. ... Step 4: Proof of Service.
What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
What's a Motion Hearing? A motion hearing in family court is different from a trial. In motion hearings, parties' attorneys submit documents to the court before the hearing explaining what their side wants and why it should be granted. Except in special circumstances, witnesses do not testify in motion hearings.
Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.