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motion(s)/ hearing


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Ladies/ Gentlemen,

 

Would anyone who has experience in motion(s) / hearing(s) tell me & kind of walk me thru how it is ...

 

What's going to happen/ How's going to happen during a motion hearing ? Would the judge makes decision grant/ or no the motion on the spot ...? What are the rules and what I should be paying attention to....???

 

here is some info:

State of California/ Los angeles

I had set up "court-call", that I will be dialing in to the court room, as the court is two and half hours (driving) away from my home, plaintiff's attorney is even far away, I bet they will be using court call as well.

 

Thank you !

 

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A motion hearing is where the parties to a suit have a chance for the court to hear the issues of the case. It can determine such things as Jurisdiction of the court to hear the case, does the plaintiff have standing to sue, and other issues. It is used to examine and resolve issues before the trial begins. At the motions hearing. All the motions hearing is for is to determine whether the case can proceed to trial, the plaintiff cannot win their case at the motions hearing nut the case can be dismissed for several reasons.

 

A motion hearing is most common in the form of a motion for summary judgement. But as I stated it can be used for other reasons, especially in a criminal case. A motions hearing is not held unless a formal request is made. The side requesting the motions hearing is called the moving party or the movant.

 

Is this a pre trial motions hearing? Normally the defendant files for a pre trial motions hearing, where the judge is asked to determine if there is enough evidence for the case to go to trial. Or if the court has jurisdiction to hear the case. These are the most common pretrial motions hearing. A motion to preclude evidence can also be a pretrial hearing.

 

A motions hearing is for any type of motion that either side may file, motion for summary judgement, Order to show cause, any motion you can make to a court can be heard at a motions hearing.

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Ladies/ Gentlemen,

 

Would anyone who has experience in motion(s) / hearing(s) tell me & kind of walk me thru how it is ...

 

What's going to happen/ How's going to happen during a motion hearing ? Would the judge makes decision grant/ or no the motion on the spot ...? What are the rules and what I should be paying attention to....???

 

here is some info:

State of California/ Los angeles

I had set up "court-call", that I will be dialing in to the court room, as the court is two and half hours (driving) away from my home, plaintiff's attorney is even far away, I bet they will be using court call as well.

 

Thank you !

 

Brownie,

 

In some jursidtions of California they use what is called a "Tenative Ruling".  This means the court rules on the Motion via the pleading submitted by both sides.  If either party disagree's with the tenative ruling, they must contact the court and the outherside to let them know oral arguments will be neccessary.

 

First step is to deterimine if you court uses this process, if so check to see what the timing is.  Example in my county they post tenative rulings on motions at 1pm day prior to scheduled hearing.  You have until 4pm to notify the court and otherside that oral arguments will be needed.  Then you appear at the time scheduled.  If niether side requests oral arguments then both sides accept the tenative ruling.  Side making the motion request then needs to submint the final Order for the court to sign...

 

Better do some checking on your jurisdiction....

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First of all, thank you for the replies......

 

@BTO429: this will be a motion for pre-lude evidance (request to kick out certain evidance).

 

@skippy1960: I am from Los Angeles, California. From my area there are currently 2 court houses assigned for debt collection cases. They are located in Norwalk and Chatsworth. The Court house my motion hearing set does not do "Tenative Ruling", ...so....any ideas ? 

 

Million thanks

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Brownie,

 

See the link below-

 

http://www.lasuperiorcourt.org/tentativeRulingNet/ui/main.aspx?casetype=civil

 

 

It looks to me like they do Tentative Rulings, based on this link.  Most Limited Civil are done out of Chatsworth and Norwalk.  They are both listed in the link..

 

Other than this cant tell you, from Nor Cal....

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@browniebrownie141, who requested this motion hearing?  You or the other side? (i.e., who's motion is it?)  Did you file any papers in connection with this hearing?  A motion is usually decided by the court 99% based on the papers that are submitted to the court before the hearing and 1% based on any convincing that might occur at the hearing.  There are certain time-limits before the hearing determining when you have to submit those papers.  The judge will likely state at the beginning of the hearing what his inclination is on the motion, and then will likely ask the "losing" side if they would like to arge the matter.

 

You stated it is a motion to preclud evidence, so that makes me think you filed it, based on the other sides failure to respond sufficiently to a bill of particulars.  Those usually will be denied, with some comment to the effect that you can raise it as an objection at trial if you still have not received appropriate information from the other side.

 

If on the other hand you meant that it was a motion to deem admissions, then I would guess that is something that the debt collector filed.  If that is the case, then you really, would want to show up at court with written responses in-hand to give to the other side (presumably those would be denials based on lack of information).

 

Hope that helps.  If you are on-line and you give more details about the "what" I'll try to give a more on-point answer about what might happen at that type of hearing.

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it will be held instead of tenative ruling, any  advice !!???

 

Anyone please !

 

Brownie,

 

Very hard to give alot of detail thoughts based on the general nature of your question, but I will take a shot.

 

Procedurally, the side that filed the motion should have the first opportunity to speak in support of the motion.  The judge may claify the issue they want to hear about.  Given that you will explain verbally, the motion, reason for the motion, any law or procedure that supports your contentions and the relief you are asking for.

 

The otherside will have a chance to explain why the motion should be denied, supported by any law or statutes.

 

Then the judge should rule, and request a order be prepared...

 

Hope this helps...

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@CollectionDefenseGuy:

 

Oooh, I guess I used the wrong wording, I was referring to kicking out evidence, perhaps "motion to exclude the evidance" a better description ? 

 

Along the line, I read something about admissable Vs inadmissable, and hearsay evidance.....etc

 

What I received were 1 Bill of sale / assignment ( half page) and is without reference to my name / nor account #,

 

I am trying to find ways to kick out that evidence....

 

Thanks

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Its called a motion to preclude evidence.  If you answered their rogs and discovery and gave evidence that you are going to use at trial they have a right to a motions hearing to try and have your evidence precluded. It does not mean thrown out, preclude means before trial, you or the other side can have a motions hearing on the evidence. At a motions hearing the court cannot decide in the Plaintiffs favor but he can dismiss the case. All the judge wants to hear is why you and the opposing party think that evidence from the other side cannot be used at the trial.

 

If they called the motion hearing you can also challenge their evidence, and you need to do just that. Everything they offer as evidence you object to and ask to review it, hearsay is the usual reason to preclude evidence. But you can also challenge it for relevancy. 

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