Legal Question in Family Law in California

timeline to file motion. I told the court and opposing counsel I had filed the motions. Motion for reconsideration, motion for new trial, and motion to vacate and set aside orders on May 9th. I need to send them to opposing counsel. The hearing for that is on May 8th, 2012.

I have another hearing on July 31st, 2012


Asked on 5/26/12, 7:29 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

All of those motions are governed by tricky rules.

For example, a motion for a new trial is not actually commenced by filing a motion. A party wanting a new trial must file a notice of intent to move for a new trial either prior to entry of judgment or within 15 days after notice of entry of judgment. There are longer periods also, if no notice of entry of judgment was served. The court clerk then gives notice of the hearing, and the memorandum of points and authorities in support of the motion must be filed within 10 days of the notice of the intent to move for a new trial.

You don't provide enough factual detail, and there is not enough space to give you all of the picky rules governing the other motions. You really should consult with either a family law facilitator at your courthouse, or speak to a competent family law attorney with litigation experience.

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Answered on 6/02/12, 2:08 pm


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