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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-01-2011, 09:39 PM
TODAD TODAD is offline
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Default What document does the judge rely on at the Motion?

This is probably a dumb question but I can't seem to find the answer.

My soon-to-be-ex filed an application for divorce/custody/property,etc. I filed a response to her application. She then filed a response to my response. We had our case conference. Nothing happened.

She then filed motion material in advance of her motion for an order re: divorce/custody/property, etc. I now filed my response to her motion material. She will be filing a response I assume.

So my question is, at the Motion, what will the judge be reading? Everything? Or just the Motion material? I am asking because there are things that were cited in her application but not in her motion material. What does that mean?
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Old 07-01-2011, 10:43 PM
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wretchedotis wretchedotis is offline
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As far as I'm aware, the judge should only look at the notice of motion form, and the affadavit in support of tht motion. He?she would also look at your affadavit made in response to the motion.

In the 'motion' form - you cn also indicate certain 'tabs' in the continuing record you will be relying on. So I guess those specifically mentioned in this are looked at too.

But you seem to be using different terminolgy than me? So I dunno?
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Old 07-02-2011, 10:36 AM
Fuming Fuming is offline
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The judge reads just the Notice of Motion and affidavit. Just as above, you can refer to items in the Continuing Record but just the motion and the affidavit are read, in my experience anyway. Remember to keep your affidavit short and to the point. A lot of times the judges may not have time to read everything so if you submit a concise neat document, just makes it easier on their end.
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Old 07-03-2011, 11:47 PM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by TODAD View Post
This is probably a dumb question but I can't seem to find the answer.

My soon-to-be-ex filed an application for divorce/custody/property,etc. I filed a response to her application. She then filed a response to my response. We had our case conference. Nothing happened.

She then filed motion material in advance of her motion for an order re: divorce/custody/property, etc. I now filed my response to her motion material. She will be filing a response I assume.

So my question is, at the Motion, what will the judge be reading? Everything? Or just the Motion material? I am asking because there are things that were cited in her application but not in her motion material. What does that mean?
There is no rule about what justices must read for a motion. Sometimes they just listen to oral arguments. The motions forms allow you to communicate what you want read by the justice, either in attached affidavit or citing court records and/or case law. Motions are not the arena for complex matters - keep your material as simple and effective as possible.

Assume you will be at the end of the day's dockets, that the judge is tired of dealing with people who can't resolve their own problems or who are their own worst enemies and wants to go home. Assume that is the justice you'll get - and you'll be better prepared.

FG
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