How do I file a motion?

How do I file a motion?

To file a motion you must fill out three forms:

1. Motion, SHC-1300 Word | PDF

This form is like a cover page and tells the judge what you want and why you want it in a sentence or two. It also tells the judge:

• what documents are attached
• whether you want a hearing on this motion
• how you served the other party see Service Reminder Word | PDF

2. Affidavit & Memorandum, SHC-1301 Word | PDF

This form is where you tell the judge the whole story and why you should get what you say you want. Be sure to:

• tell the judge all the important and relevant facts
• make any argument that helps support your request.

Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks and postal officials. You will need picture I.D. when you sign.
Sometimes, depending on what you are asking for, you may use a specialized affidavit such as the Best Interests Affidavit, SHC-1125 (Word | PDF), which is designed for use as part of a Motion for Custody.

3. Order on Motion, SHC-1302 Word | PDF

The order is the document you are asking the judge to sign. It tells anyone who reads it exactly what the judge has ordered in very simple, clear terms. Do NOT sign and date the proposed order. If the judge agrees with your Motion, he/she may sign your proposed order, or may change it or sign a different order.

These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).
After you fill out the forms, make 2 copies. Keep 1 copy for your records. Mail or hand-deliver a copy to the opposing party (or their lawyer if represented). Fill out the certificate of service on the bottom of the original Motion, stating how you provided the opposing party with a copy. File the original at the courthouse.

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How do I serve the motion on the other party?

Send or hand deliver a copy of all these documents to the other person, or lawyer if they have one. The law says the other person must have a chance to tell their side of the story. Send your copies by first class mail or deliver them in person. Please read the information about serving the opposing party.
The other person has 13 days from the time you mailed the motion to tell the judge his/her side. If you hand delivered the motion, the other side has 10 days to respond. He or she will file her response by filing an Opposition, Affidavit & Memorandum and an Order.

• Service Reminder Word | PDF

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How do I oppose a motion?

If you were served with a motion, you have the right to respond and tell the judge whether you agree or disagree with the moving party's request. You are called the non-moving party. You will also fill out three forms:

1. Opposition, SHC-1303 Word | PDF

This form is like a cover page and tells the judge what you disagree with, what you want and why in a sentence or two. It also tells the judge:

• what documents are attached
• whether you want a hearing
• how you served the other party; see Service Reminder Word | PDF

2. Affidavit & Memorandum, SHC-1301 Word | PDF

This form is where you tell the judge the details of why you disagree and what you want. Be sure to:

• tell the judge all the important and relevant facts
• make any argument that helps support your position.

Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks or postal officials. You will need picture I.D. when you sign.

3. Order on Opposition, SHC-1304 Word | PDF

The order is the document you are asking the judge to sign. It tells anyone who reads it exactly what the judge has ordered in very simple, clear terms. Do NOT sign and date the proposed order. If the judge agrees with your Opposition, he/she may sign your proposed order, change it or sign a different order. If you oppose everything about the motion, your order will say something like, "motion denied."

These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).
You have 13 days from the time the motion was mailed to you, or 10 days from the time the motion was hand delivered to you, to file your opposition.
Once you have filled out the forms, along with the certificate of service, you may file them at the courthouse.

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