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A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
Think of motion hour as a mechanism for taking care of the weekly business so that divorce, legal separation, child custody, and support cases keep moving forward. Motions generally have to be filed (and served on the other party or lawyer) on the Tuesday prior to the next motion hour.
Rule 15 provides that the court should allow the plaintiff to amend the complaint when justice requires it. Once the defendant receives the amended complaint, they are given the opportunity to send a responsive pleading.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
Once the Respondent has received his or her service letter of the complaint, state law (KRS 344.210) gives the Respondent twenty days to file an answer to the allegations in that complaint.
Rule SCR 3.285 - Motion to reconsider or dismiss a charge (1) Either party may file a motion with the Inquiry Commission to reconsider or dismiss a charge prior to the case being submitted to the Trial Commissioner for determination of factual issues, or to the Board if it presents only a legal issue.
An oral motion may be made during a hearing or trial, but motions are usually in writing and filed with the Office of Circuit Court Clerk. Often motions have a ?memorandum? filed with them that explains the legal reasons why the court should grant the motion.