(2)3.1 Motions and Pleadings: Difference between revisions
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= (2)3 Motions and Pleadings = | = (2)3.1 Motions and Pleadings = | ||
== (2)3.1 Authority to File == | == (2)3.1.1 Authority to File == | ||
Any party to a proceeding, through Counsel or self-representation where permitted, may file motions and pleadings as authorized by law or rule. | Any party to a proceeding, through Counsel or self-representation where permitted, may file motions and pleadings as authorized by law or rule. | ||
== (2)3.2 Form and Filing == | == (2)3.1.2 Form and Filing == | ||
Motions and pleadings shall be made in writing unless made orally on the record as permitted by the court, and shall comply with applicable formatting, service, and filing requirements. | Motions and pleadings shall be made in writing unless made orally on the record as permitted by the court, and shall comply with applicable formatting, service, and filing requirements. | ||
== (2)3.3 Types of Motions == | == (2)3.1.3 Types of Motions == | ||
Motions may include, but are not limited to: | Motions may include, but are not limited to: | ||
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(h) Any other motion authorized by law or necessary to the interests of justice. | (h) Any other motion authorized by law or necessary to the interests of justice. | ||
== (2)3.4 Timing == | == (2)3.1.4 Timing == | ||
Motions shall be filed within the time prescribed by law, court rule, or scheduling order, or within a reasonable time as determined by the court. | Motions shall be filed within the time prescribed by law, court rule, or scheduling order, or within a reasonable time as determined by the court. | ||
== (2)3.5 Hearing and Disposition == | == (2)3.1.5 Hearing and Disposition == | ||
The court may rule on a motion with or without a hearing, may require briefing or argument, and shall issue an order granting, denying, or otherwise disposing of the motion. | The court may rule on a motion with or without a hearing, may require briefing or argument, and shall issue an order granting, denying, or otherwise disposing of the motion. | ||
== (2)3.6 Effect of Rulings == | == (2)3.1.6 Effect of Rulings == | ||
An order resolving a motion is binding on the parties unless modified, rescinded, or superseded by a court of competent jurisdiction. | An order resolving a motion is binding on the parties unless modified, rescinded, or superseded by a court of competent jurisdiction. | ||
Latest revision as of 09:42, 15 December 2025
(2)3.1 Motions and Pleadings
(2)3.1.1 Authority to File
Any party to a proceeding, through Counsel or self-representation where permitted, may file motions and pleadings as authorized by law or rule.
(2)3.1.2 Form and Filing
Motions and pleadings shall be made in writing unless made orally on the record as permitted by the court, and shall comply with applicable formatting, service, and filing requirements.
(2)3.1.3 Types of Motions
Motions may include, but are not limited to:
(a) Motions to dismiss or quash;
(b) Motions to suppress or exclude evidence;
(c) Motions to compel or for protective orders;
(d) Motions to amend pleadings or charges;
(e) Motions for continuance;
(f) Motions for sanctions;
(g) Motions related to bail, release, or conditions thereof; and
(h) Any other motion authorized by law or necessary to the interests of justice.
(2)3.1.4 Timing
Motions shall be filed within the time prescribed by law, court rule, or scheduling order, or within a reasonable time as determined by the court.
(2)3.1.5 Hearing and Disposition
The court may rule on a motion with or without a hearing, may require briefing or argument, and shall issue an order granting, denying, or otherwise disposing of the motion.
(2)3.1.6 Effect of Rulings
An order resolving a motion is binding on the parties unless modified, rescinded, or superseded by a court of competent jurisdiction.