What it means to file a motion:
A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon. You will also submit a Certification listing the reasons you are making these requests of the Court and why the Judge should grant your relief, effectively your testimony. If the circumstances require, your attorney may submit a brief on your behalf providing the Court with the law supporting your positions. On the date your papers are filed, you will be scheduled for the next motion date, approximately 24 days in the future.
The other party must be served with a copy of any motion papers you file, because they have the opportunity to file a Response and if they elect a Notice of Cross-Motion with their own list of requests for the Court to consider, including their certified statement of why they are requesting their relief and opposing your requests for relief. They too will be provided the opportunity to provide opposing law in their own brief. All of these documents must be filed and served on you or the “moving party” 14 days before the motion hearing date.
Finally, the “moving party” or the party that files the Notice of Motion will have the opportunity to submit a reply and must do so 7 days before the motion hearing date.
What can you request in a Motion:
In a motion you can request anything from establishing child support payments at the beginning of a divorce matter, or upon the emancipation of a child, seeking spousal support, preservation of assets, or enforcement or modification of prior orders. Requests might also include the payment of counsel fees, establishing a schedule for discovery to be responded to, or even for the sale of a home. Your individual circumstances will dictate the requests made to the Court.
Motions can be filed in “pre-judgment” cases, where a final judgment of divorce has not yet been entered and motions can be filed in “post-judgment” matters, after a final judgment of divorce has been entered.
When will a motion be heard by the Court:
A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court’s calendar requires. This, therefore, is a guideline, not a promise. Your attorney should be in contact with the Court in advance to confirm the hearing date of the motion to ensure all filing deadlines are met.
The attorneys at Shane and White, LLC file motions before family court judges in counties all across the state of New Jersey. They are familiar with the intricacies of the process and know what information will be helpful to present to the Judge to obtain a successful outcome on behalf of their clients. In the event you have issues which require judicial intervention, or you have been served with a Notice of Motion filed by the opposing party, please contact our offices to schedule a consultation to discuss your options.