Why cant I have one-sided conversations?
• Due Process – You have the right to know that something about you is going on in court, AND – The right to tell your side of the story • No ex parte, or one-sided communications – These are unfair and not allowed. – The court must hear from both sides before it can make a decision Note: There may be some emergency situations when ex parte communications are allowed, but generally only when someones safety is seriously at risk. What is a motion? • A motion is the first step in a 3-step process, which is generally referred to as motion practice: Motion – filed by the person asking for something, the moving party Opposition – filed by the other side (opposing party) saying whether he or she agrees or disagrees with the motion Reply – filed by the moving party responding to whatever the opposition said • In most courts, no paperwork will go to the judge until the time has run for everyone to have their say. How much time will I have to respond? • Motion When the motion is filed, a copy m
