Requesting a Motion Hearing

Requesting a Motion Hearing

1. Send an email to the Judge’s court reporter.
   1. This information may be in MyCase if you search for the Judge’s name, click on it, then scroll down to the bottom. If it isn’t, call court administration and ask for the name and email address.
   2. Always include the opposing attorney (if applicable) on the email.
   3. Identify file name and number, when you would like the hearing, how long it will take, and the issues to be addressed

Example:

Hi Debbie,

I’m looking to get a motion date in the above-mentioned file. I’m wondering what dates you have available after October 1st. We would only need about 30 minutes and would be discussion modification of parenting time. Thanks!

2. Set up calendar and tasks in MyCase.
   1. Once a date has been agreed upon in the email, notify the client and add it to the calendar in mycase.
   2. Set up a task identifying the due date for our Motion and Affidavit Documents. Motions and Affidavits are always due to the Court 21 days prior to the hearing. Use the date calculator in MyCase to calculate and make sure to be aware of weekends and holidays. Set the actual task due date for a few weeks before so we have plenty of time to prepare.

Examples:

• If the hearing is set for October 30^th and the other party is represented by an attorney, our documents would be due to the Court on October 9th.

Task: “Our Motion / Affidavit (Due Oct 9)” (Task Due Date Sept 18)

• If the hearing is set for October 30^th and the other party is pro-se, our documents would still be due to the Court on October 9. HOWEVER, we must allow 3 additional days to mail the documents to the pro-se opposing party, so our motion and affidavit would need to be done and mailed by October 6th.

Task “Our Motion / Affidavit (Due Oct 6) OPP Pro-Se” (Task Due Date Sept 15)

• If a due date ever falls on a weekend or holiday, than the adjusted due date will be the business day prior to the weekend / holiday.

3. Notify Opposing Party
   1. If opposing party has an attorney, then the attorney will already be aware of the hearing date via the email exchanges in step one. (If for some reason the attorney wasn’t on the email in step one, then follow the next steps)
   2. If the opposing party DOES NOT have an attorney, we must immediately send them a letter notifying them of the hearing. Must include date, location, judicial officer and primary issue. (Rule 303.01(a))

Example:

Please be advised that a motion hearing regarding custody and parenting time has been scheduled for February 8, 2021 at 10:45 a.m. via Zoom in front of Judge Krista Jass at the Blue Earth County Courthouse, 401 Carver Road, Mankato, MN 56002. If you are interested in trying to resolve this matter prior to the motion hearing, please contact me. If you have or are planning to retain an attorney to represent you in this matter, please have your attorney contact me as soon as possible.