What is a motion vs order?
The “law and motion” practice in California family law cases is conducted through a motion called a “Request for Order” or RFO. This means that whenever a family law litigant wishes to ask the court to make any temporary orders, or any post-judgment orders, they will file a motion. A motion then sets a hearing date.
Can a parent file a motion for a drug test?
One parent may also file a motion requesting a drug test of the other parent. While a drug test is supposed to help determine what is best for the child, the accused parent may fight the motion tooth and nail, because it can lead to a loss of custody rights.
Can a motion be filed before or after a trial?
Motions may be made verbally or in written form, which will request anything from a simple change in the date of a trial to a motion to dismiss the entire case. In any case, motions may be made before, during, or after a trial by either side’s legal counsel. Basic Procedures for Filing a Motion
When does a court order a drug test?
Court ordered drug testing in child custody cases usually occurs when a judge believes that one or both parents may be using drugs. One parent may also file a motion requesting a drug test of the other parent.
Can a defendant file a motion for speedy trial?
Motion for speedy trial, which can expedite the process of a trial to prevent government entities from refusing to release a defendant, but also, not brining the individual to trial for any actual crime During trial, both sides can make motions to the judge.
How are motions filed in a criminal trial?
A motion, in the most basic sense of the term, is a request of the judge. In response, the judge can either approve or dismiss the motion. As with most aspects of criminal defense, most people are unaware of how, when, or what type of motion to file.
When do you file a post trial motion?
Post-trial motions occur after the jury has reached a verdict. It is important to note that if the jury returns a not guilty verdict, the prosecution cannot have the case retried by requesting an appeal or requesting to change the location of the trial.
When to request drug testing in Family Court?
Family courts only mandate such testing if there is a legitimate basis to do so. In preparing a motion for drug testing, it is imperative that you put together a strong, persuasive case that testing is appropriate. Any evidence of drug use or substance abuse should be included within the motion.
When to file a motion for voluntary discovery?
The request is filed in superior court. A request for voluntary discovery must be filed before filing a motion for discovery or a motion to compel, although many practitioners combine the request with an alternative motion, as discussed in “Practice Tips,” below.