Who to Contact and When to File a Motion: Understanding Your Legal Rights
If you are involved in a legal matter, you may find yourself needing to file a motion at some point. Filing a motion allows you to request a specific action or decision from a judge on your case. However, it’s essential to understand who to contact and when to file a motion to ensure that you protect your legal rights. In this article, we will provide a guide to help you determine who to contact and when to file a motion.
Who to Contact for Legal Help
If you need legal assistance, the first person to contact is a lawyer. An experienced attorney can provide guidance and resources to help you navigate the legal system effectively. Additionally, many courts have a self-help center or pro bono program to assist those who cannot afford an attorney. These resources can provide valuable information on how to file a motion and represent yourself in court.
When to File a Motion
There are several instances when you may need to file a motion. These include:
1. Before Trial
A pretrial motion is filed before a trial, requesting specific actions from the court. These may include a motion to suppress evidence or a motion for summary judgment to dismiss the case.
2. During Trial
During a trial, you may need to file a motion requesting specific actions from the court. These may include a motion to dismiss the case due to a lack of evidence or a motion for a directed verdict.
3. After Trial
After a trial, you may need to file a post-trial motion, such as a motion for a new trial or a motion for judgment notwithstanding the verdict if you believe that the verdict was improper or there was a legal error during the trial.
4. In Conviction Relief
If you have been convicted of a crime, you may need to file a motion for conviction relief. This may include a request for a new trial or an appeal of the conviction.
Conclusion
Filing a motion can be a useful tool in the legal system, but it’s essential to know who to contact and when to file a motion to ensure that you protect your legal rights. Consult with a lawyer or self-help center and review the relevant court rules to determine when and how to file a motion effectively. Remember, filing a motion requires careful consideration and preparation, so be sure to do your research and consult with legal professionals when needed.
There are many reasons why a couple may need to change a visitation schedule that they previously had agreed on or were ordered to follow.
One parent’s work schedule may change or the visitation schedule may be cutting into a child’s after-school commitments.
Whatever the reasons may be, changing schedules for visitations can be difficult, especially when the parents do not get along with each other.
However, making a new visitation schedule does not have to very complicated, especially if both parents are willing to be flexible when making a new visitation schedule. The fact is, visitations can be changed.
The first step to changing a visitation schedule is for an individual to try to have a civil conversation with their ex-spouse. Mentioning the valid reasons why one would like the visitation schedule to be changed may help the ex-spouse understand the situation.
Unfortunately, if the ex-spouse is trying to make the other’s life difficult, this conversation can have the opposite effect. The ex-spouse may become more determined to have the visitation schedule stay the same so that the other parent is inconvenienced.
If a new visitation agreement can be agreed on, making one’s own contract and getting it notarized is a smart idea.
If a couple can agree on a new visitation schedule, they still must file the motion with the courts to make it official and legal. The court will examine the new agreement, to make sure that the new visitation schedule benefits the child.
It is not necessary to involve attorneys to change visitations unless the couple cannot agree on a new schedule.
However, if the couple cannot agree, the individual who wishes to change the visitation schedule should contact a lawyer and file a motion on their own with their local family court.
It is possible to represent oneself in visitations cases but hiring an attorney. if one can be afforded will usually make the process easier.
However, it may also create a bad feeling between the ex-spouses. A lawyer is also good to have to act as a middle man between an individual and their ex-spouse if the situation is hostile.
Petitioning the court is best when done in advance.
Since it may take some time to hammer out the new visitation schedule and make it into an official court order, one should file almost immediately upon realizing a new visitation schedule is desired.
Waiting until the last second to file for a new visitation schedule makes an already difficult and complicated situation into a worse one.
One should have valid reasons for wanting visitations to be changed. Since the new order will most likely disrupt both the lives of the child as well as the ex-spouse, reasons for the requested change should be valid.
A family court will take a change in visitation request more seriously if there is a good reason behind the request.
Regular visitations can give a child a sense of stability, so changes in visitation should not be made on a whim or for selfish reasons.
