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Case Conference vs. Motion??

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  • Case Conference vs. Motion??

    From what I understand a case conference is rather informal and the Judge doesn't have to read/review all of the information from the parties.

    They make their recommendations (which aren't binding) and basically nothing gets settled, unless it is agreed upon???

    So if things aren't settled at that level, am I correct in thinking that one then brings forth a Motion???

    1) For the "Motion" do you ask for an order for all outstanding issues????

    2) Does the Judge have to read everything that has been submitted????

    3) Can the Motions Judge make final orders at this point? Or can they only make final orders on the issues that the parties have agreed upon????

    4) What types of issues can a Motins Judge decide upon? Are they restricted to only administrative/ procedural issues... or can they decide upon custody, access, child support etc.????

    Any information would be appreciated

  • #2
    Case conference is basically an informal meeting where the judge tries to assist parties settle the outstanding issues by offering his/her opinion. Case conferences are without prejudice i.e. you can't use anything from case conference as evidence for your case.

    Motions can be brought for any issues that need immediate attention. Normally the judges rely on written evidence (affidavits) during the motion hearing but they may also allow verbal arguments if necessary. The motion orders are supposed to be temporary but they do have a huge impact on the final outcome of the case.

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