Motions
What is a motion?
A motion is a formal request made to a court or asking them to make a specific ruling or order. Motions are a common part of legal proceedings and are used to resolve various issues within a case, such as requesting temporary orders, seeking dismissal of a case, or asking to change an order that has already been made.
Types of motions?
Different types of motions in legal proceedings include:
- Motions on Consent: Both parties agree on the issue and request a court order to formalize their agreement.
- Motions without Consent: The parties disagree on the issue, leading to a formal request for a court decision.
- Urgent Motions with Notice: One party urgently requests a court order while notifying the other party.
- Emergency or Urgent Motions without Notice (ex parte): One party requests an immediate court order without informing the other party, typically used in urgent or emergency situations.
There are two different forms that can be used for motions in family motions:
1. Form 14B (procedural, uncomplicated, or unopposed motion)
A 14B motion could be used to request the court’s permission to file a document late. When both parties agree in a legal case, they can request a court order based on their agreement using a Form 14B, attaching their consent or signed settlement. These are often referred to as basket or over-the-counter motions. It is advisable to include a draft order outlining the agreed terms for the judge’s signature. In most cases, such as in consensual cases, parties need not appear before the judge in person; court clerks will present the documents to a judge for approval.
2. Form 14 (temporary orders, changes to final order or agreements)
A temporary order motion in family court is a request for an interim order that applies until a final decision is made in the case. For example, asking the court to order the other party to pay temporary child support or set up a temporary parenting schedule. The orders are not permanent and are typically revisited as the case progresses toward a final ruling.
For a standard motion, Form 14 (Notice of Motion) and Form 14A (Affidavit) must both be served on the other party whereas a 14B motion onlyForm 14B is served.
What is an ex parte motion?
An Emergency Motion, or ex parte motion, is used in family court when an immediate court order is needed, such as in situations involving child safety or urgent personal safety concerns. In this process, unlike other family court procedures, the opposing party isn’t served with the documents before the motion is heard by a judge. The judge reviews the submitted materials and decides whether to grant the requested order without the other party’s prior knowledge.
These orders can address issues like child custody, support, or property arrangements and are intended to provide immediate, short-term solutions during the ongoing legal proceedings.
How to do a temporary motion?
To file a temporary motion, use Form 14 (Notice of Motion) to describe what you are asking the court to order. Attach Form 14A (Affidavit), where you swear or affirm that the information you are providing is true. Also, include an updated financial statement using Form 13 or 13.1 (if property or support is an issue) or Form 14A (if not). These forms provide the court with the necessary details to make a decision on your temporary motion.