Responding To Motions In Divorce and Family Law Cases
Motions are requests to the court for the court to take an action in the case. Courts communicate in writing to create a record of requests and actions. All written requests and responses are filed into the court file. When receiving a motion, a party generally has 21 days to file a Response. A Reply can then be filed within 7 days. Courts have the authority to adjust this time period. The purpose of a response is to address allegations in the motion, identify and correct facts, and to ask for other relief. If a motion is filed 42 days or less before the trial date, the response time is 14 days.Motion Considerations
When drafting a motion it is important to conduct an analysis of several factors. What is the purpose of filing the motion, i.e. what is the filing party hoping to accomplish? Can the court give the remedy requested, i.e. does the court have legal authority to do so? It is essential to know and understand the legal standards that the court must apply. Are there any prerequisites to filing, such as mediation? Some parties agree in a separation agreement or parenting plan to mediate before filing any post-decree motions.
The purpose of a mediation prerequisite is to determine whether the parties can reach agreement between themselves outside of court. Has conferral occurred with the other party on the motion? The purpose of conferral, as with mediation, is to see if the Parties can resolve the issue outside of court.Anatomy of a Motion
- Statement of conferral with the other party
- Statement of the facts
- Identification of legal authority supporting the request
- Request for remedy
- Certificate of service
Sometimes a court will set a hearing for the motion and sometimes the courtwill decide the matter on the papers. Many courts require a Notice To Set a hearing to be filed by the requesting party. A Notice To Set a hearing contains thefollowing information:
- What the hearing is intended to address
- The date and time the setting will occur provided by the division clerk)
- The courtroom clerk’s address and phone number, and
- Directions on how to participate in the setting.
A Colorado Springs dissolution/divorce and family law attorney can guide you through Colorado Springs legal matters involving the discovery process by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. Change can be stressful, however it can often lead to a better future. Janko Family Law helps ensure that your best interests are protected and that you are aware of your legal rights and obligations.
Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation. We also have an office in Denver and serve Denver and Aurora and surrounding areas.