Filing a motion for the Court is typically handled in the following way:
- Your attorney will speak to you about what you are seeking to change, such as bond conditions.
- After gathering necessary information, your attorney will write a motion (an official request) asking for the changes discussed.
- Your attorney will file the motion with the county clerks office and request a hearing.
- The Court will grant a hearing to allow both sides an opportunity to present evidence and arguments before making a decision.
- A hearing is a live proceeding in Court where both sides can submit evidence to the Judge to support the requested changes. Your hearing is your opportunity, through your attorney, to change things to your case.
- Your attorney may present witnesses or documentary evidence to support your request.
- After the hearing, the Judge will consider all the evidence and make their ruling.
Motions practice can profoundly affect your life while your case is moving through the Court system. It is an opportunity that should not be squandered. You need an attorney who is prepared, knowledgeable and ready to fight for you at every stage.