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This form tells the Supreme Court that you disagree with what the opposing party is asking for in the motion. How do you fill out the opposition form? Opposition, SHC - AP 440 If you were served with a motion, you can tell the Supreme Court whether you agree or disagree with the other side's request by filing an opposition. The other side will file their response by filing an opposition. The other person has 7 days from the date you served the motion to file an opposition to your motion if you hand delivered it, or 10 days if you mailed it. Read Appellate Rule 503 to decide if you need to file extra copies. However, in some circumstances (e.g., motion to dismiss and motion for reconsideration) you need to file the original motion papers + 5 copies. How many copies of the motion papers do you file at the Appellate Clerk's Office?įor most motions, file the original motion papers + 1 copy of them in the Appellate Clerk's Office. mail or hand-deliver a copy of all these documents to the other person, Served the opposing party with copies of the documents. On the bottom of the motion form, you must fill in theĬertificate of service information which tells the court how and when you The Supreme Court may change your order or sign a different order. Leave the signature line and date next to it blank. It tells anyone who reads it exactly what the Court has ordered in very simple, clear terms. The order is the document you are asking the Supreme Court to sign. Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks and postal officials.

make any argument that helps support your request.

tell the Supreme Court all the important and relevant facts.

This form is where you support your request with the details of why you should get what you say you want. If the motion is for an extension of time, include a statement of each extension of time previously granted to you and how long each extension was.

whether you need a decision on the motion by a specific date and if so, you must give reasons why the decision is needed by that date.

Motion for rehearing - Appellate Rule 506.

Motion for reconsideration - Appellate Rule 503(h).

Motion for extension of time to file brief - Appellate Rule 503.5.

Some common motions and their related Appellate Rules are:

the Appellate Rule you are filing under if possible.How do you fill out the motion, affidavit & memorandum and order? 1. Some motions (e.g., to dismiss, for reconsideration) file original + 5 copies.ġ0 days after the motion was mailed, or 7 days if it was hand delivered Usually, file the original motion papers + 1 copy. When need to make request of the court unless the Appellate Rules require a specific timeline for special types of motions Moving party (party who wants the motion) The person who does not want the motion files an Opposition. The person who wants the motion files a Motion, Affidavit & Memorandum and a proposed Order. Are there examples of what motion papers look like?.What if you don't like the Court's order on the motion?.When will the Supreme Court decide your motion?.How do you calculate the filing deadlines?.Will there be a hearing or oral argument on the motion?.Do you get to file a reply after the opposition?.

How many copies of the opposition do you file at the Appellate Clerk's Office?.How do you serve the other side with the opposition?.How do you fill out the opposition form?.How many copies of the motion papers do you file with at the Appellate Clerk's Office?.How do you fill out the motion, affidavit & memorandum and order?.Motions are not used very much in the Supreme Court so you should file a motion only if it is necessary. You need to file a motion if you need to request an order from the Supreme Court. Sometimes parties need to ask the Supreme Court for permission to do something during an appeal. Making Requests of the Court - Filing Motions