We talk a lot about how to file motions, request for orders and order to show cause filings quite a bit. We also, of course, provide this as one of our divorce services here in Santa Clarita.
In this article, and videos below, we are going to talk about the three components of filing these types of motions along with the due dates you have to follow and how to file and serve them. We will go into great detail about how to file the motion and how to respond to one if a motion has been filed on you.
In this video below we will talk about the due dates and how to file and serve a motion such as a request for order or order to show cause. The first thing you will do is prepare your motion and then file it with the court. You have to file it and get a court date before you can serve it. Here is the rule. You have to personally serve your motion 16 COURT days before the hearing date. If you are going to mail it you need to add 5 calendar days.
Watch this quick video where I discuss the procedure of filing and serving a motion as well as the due dates in which to serve them.
Now that you understand the process of filing a motion and the respective due dates for serving it, let’s talk about what you do if you have received a motion and you need to reply to one.
When someone files a motion and serves you, you have an opportunity to file a response. Your response will be to tell your side of the story and whether your agree, disagree or would like different orders made than requested by the moving party or person who filed the motion.
The responsive declaration also has to be done within a certain period of time just like the original motion. So for the responsive declaration to a motion you have to file and personally serve 9 COURT days before the hearing. Why do I keep emphasizing court days? Because you have to be careful and check for court holidays and skip the weekends. It could be as much as 15 days before the hearing with court holidays and weekends involved so make sure you check. I get a lot of people who call me to file a response and it is already too late.
Watch this quick video about filing the responsive declaration.
Now, there is just one last thing to discuss and that is the Reply Declaration. The Reply is what the person who filed the motion will do. It is their last chance to get the final say of what their position is in regards to why the judge should make the order that they requested. The Reply Declaration needs to be filed and served 5 COURT days before the hearing.
Here is a quick video discussing the reply declaration.
So just to recap, you first have the original Motion followed by the Responsive Declaration and then the Reply Declaration.
We can help you prepare and file your motion, responsive declaration and reply declaration in Los Angeles County. We specialize in divorce and can help you prepare an attorney quality declaration for your divorce case.