This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
South Carolina Motion to Clarify and / or Reconsider and for Protective order
State:
Multi-State
Control #:
US-MOT-01428
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Clarify And / Or Reconsider And For Protective Order?
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FAQ
A motion to reconsider is a post-trial motion where you to ask the Judge who heard your case to amend his or her ruling. This is done for two primary reasons: One, you believe the Judge misunderstood your case, which led to the wrong decision. Two, the Judge failed to rule on an issue in your case.
A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.
It is possible for a person to appeal a decision made in a restraining order case. However, doing so is not easy. To appeal a decision, the individual must show that the magistrate made an error when applying the law to the case.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.
To get a Restraining Order, you must prove to the Court at the hearing that you have been a victim of harassment, first degree, harassment, second degree, or stalking by the Defendant. The judge will decide whether to grant you a Restraining Order at the end of the hearing.
SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.
Admissible Evidence However, South Carolina Family Court Rule 7 specifically allows five certain documents to be admitted into evidence without completely abiding by the traditional evidentiary requirement that a person issuing the statement be there to authenticate it.
Yes. However, the motion to reconsider is filed first. Filing a motion to reconsider puts off (stays) the time you have to file an appeal until the Motion to Reconsider can be decided. After the motion is decided, you again have thirty (30) days to file the Notice of Appeal.