How to Do a Motion in Family Court
Figure out a suitable date for your motion.
Either contact the courthouse for a date or choose a motion date which is the day(s) of the week your courthouse keeps open to hear motions. This depends entirely on your region. Check the practice direction for your region. Be sure to canvass the availability of opposing counsel.
What are the different types of motion you want to bring?
- Procedural, uncomplicated, or unopposed motion OR
- Temporary Order
What two forms are giving notice to your motion?
Fill out Form 14B: Motion Form or Form 14: Notice of Motion
What is included in these notices?
Both of these forms give these are notices which state the orders you are requesting from the court as well as the rules and laws you are relying on.
For Form 14, additionally fill in the date, time, and location of the motion.
What forms do you need to file for your motion?
For Procedural, uncomplicated, or unopposed motion: Form 14B: Motion Form and Form 14A: Affidavit (General)
For Temporary Order: Form 14: Notice of motion, Form 14A: Affidavit (General) and possibly a Form 13 or 13.1 Financial Statement and/or a Factum.
How do you fill out the Affidavit?
For Form 14A: Affidavit (General). Write out the evidence in numbered double spaced paragraphs that you are using to justify the orders you are seeking. Attach any relevant documentary evidence to this form as an “Exhibit”. Each exhibit should be labelled alphabetically. For example, in the text, “the email is attached as “Exhibit A’”. The affidavit must be sworn or affirmed and signed in front of a commissioner for taking affidavits. You are swearing or affirming that the information is true.
For temporary motion: serve your documents on all parties using regular (or special service) at least 6 days before your motion date and file the documents with a Form 6A: Affidavit of Service with the courthouse 4 days before motion. The other party must serve and file their responding materials at least 4 days before the motion.
For procedural motion: serve your documents on all parties using regular or special service and file with the documents with a Form 6A: Affidavit of Service with the courthouse. The other party has 7 days to respond to the documents.
File a Form 14C: Confirmation of Motion to confirm your attendance at the motion. Both parties must file by 2 p.m. 3 days before the motion. Provide a copy of the completed form to the opposing party.
Be sure to include the following information:
- the orders you are asking for
- the documents you want judge to review
- how much time you and the opposing party will need to present your motion
Upload after the documents are accepted by the courthouse or make sure courthouse has uploaded the documents to Caselines
.You should arrive at the courthouse at least 30 to 60 minutes before the time of your motion. This will give you time to find the room where your motion will be heard.