You should file a motion when you first realize that you need the judge to decide something. What you put in your motion depends on the type of motion you are filing. You should put together your motion and file it with the clerk before sending notice to the other side.
The following should be included in each motion:
- Your name, the other party's name, and the case number;
- A paragraph that describes the basic facts about the case and the particular issue you are concerned with;
- Precisely what you are asking the judge to do; and
- The reasons why the judge should agree with you and grant your motion.
If you mention any documents in the motion, you should attach copies of those documents when you file your motion. Documents attached to a motion are usually referred to as exhibits. If you attach multiple exhibits to your motion, you should include a label for each exhibit, such as Exhibit 1, Exhibit 2, etc. or Exhibit A, Exhibit B, etc.
Cost of filing a motion
Usually there is no fee for filing a motion. To be sure you will not have to pay a fee, check with the clerk's office. If there is a fee, you may fill out a fee waiver request. However, you must meet individual income and property guidelines and file a fee waiver. Learn more about fee waivers here
Updated: December 2017