How to get a judge to rule on a motion?

Asked by: Prof. Jackson Rogahn  |  Last update: August 15, 2025
Score: 4.2/5 (29 votes)

It may not be necessarily to include a memorandum of law with your motion for a judge to grant it. You can also use an affidavit or several affidavits in support of your motion to show the judge the seriousness of the matter and to support your request for the relief.

How do you get the judge to rule in your favor?

Don't state the obvious. Make sure your argument is structured logically and presented concisely. And get to the bottom line – quickly. Tell the court what you want and why it should rule in your favor.

How long does it take for a court to rule on a motion?

After that, it's whenever the judge gets to it, but generally there are case managers who run the timelines and forward motions to assigned judge's chambers when they can be ruled upon, and typically they are ruled on within 10-30 days, or a hearing is scheduled if one is requested and the judge feels it is necessary ...

Does writing letters to a judge help?

A good character letter can be incredibly helpful to a defendant's case. Writing such a letter can be a challenge, particularly for those who are inexperienced with the criminal justice system. Read on to learn more about how to write a top-notch letter of support.

How to argue against a motion?

If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

Motion For Continuance

20 related questions found

How to file an objection to a motion?

All objections must be made in writing.

You must include a description of the basis of your objection. If you have retained an attorney to assist you in this matter, you must include the name, address, phone number and email address of your attorney. You may attach additional pages to the objection form if necessary.

What always works against motion?

Frictional force always opposes motion of a body.

How do you write a convincing letter to a judge?

Crafting an Effective Leniency Letter to a Judge: Five Essential...
  1. Start with a Clear Introduction. ...
  2. Introduce Yourself and Establish Credibility. ...
  3. Provide Reasons for Leniency. ...
  4. Tell a Story or Give Specific Examples. ...
  5. Provide Your Contact Information. ...
  6. Not the Same as a Motion to Modify a Sentence.

Do judges read character letters in court?

Most courts will accept copies of electronically delivered letters, but be sure to check with the attorney first. Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey.

How to write a letter to a judge to dismiss a case?

Begin with a clear and concise introduction, stating the grounds for dismissal. Follow with a detailed argument section that outlines why the complaint should be dismissed, supported by legal authorities. Use Casefleet's customizable reports to organize your arguments and ensure all critical points are covered.

How do you win a motion in court?

How to Write a Kick-Ass Motion
  1. Make an Outline. ...
  2. Keep Your Motion Simple. ...
  3. Maintain Credibility. ...
  4. Mind Your Citations. ...
  5. Focus on Facts. ...
  6. Keep Your Intro Short. ...
  7. Respect the Opposition. ...
  8. Write in English, Not Legalese.

Can a judge not rule on a motion?

If the trial court declines to rule on a motion after repeated requests and despite explicit, not implicit, requests to rule, the trial court has refused to rule. Object to the court's refusal to rule – either in person or by objection filed with the clerk.

What is a Rule 32 motion?

Sentence and Judgment. (a) In General; Time for Sentencing . When a presentence investigation and report are made under subdivision (b)(1), sentence should be imposed without unnecessary delay following completion of the process prescribed by subdivision (b)(6).

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

What persuades a judge?

Judges expect advocates to present arguments completely and honestly. Completely means knowing the record as well the adversary's con- tentions. Honestly means presenting all information accurately, even if that requires the advocate to concede some points. a trial or appellate judge is to win.

How to make a judge believe you?

If you are halting, stumbling, hesitant, arrogant, or inaccurate, the judge and the jury may doubt that you are telling all the facts in a truthful way. The witness who is confident and straightforward will make the court and the jury have more faith in what he or she is saying.

Is it smart to write a letter to a judge?

While we can understand why it might make sense to write a letter to your judge explaining your side of the story, we have found that writing such a letter can have dire consequences for your case and in some cases, prevent you from filing similar motions in the future.

How to ask a judge for mercy?

When writing your letter, you'll want to focus on factors that might persuade the judge to be more lenient in their sentencing. This could include things like the defendant's past accomplishments, positive contributions to the community, or evidence of remorse and rehabilitation.

Are letters to the judge public record?

Typically, the letters are filed as part of a pre-sentence investigation, which is kept secret from the public. Only certain people connected to a case can view a PSI report, because it contains sensitive information. State law grants viewing rights to the judge, defendant, defense attorney and prosecuting attorney.

How do you write a motion letter to a judge?

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

What does a judge look for in a character letter?

A character letter plays a dual role. First, it is there to showcase your credibility as someone who knows the defendant well enough to speak on their character. It's important to come across as sincere and dependable in the eyes of the judge evaluating the letter.

What to say to a judge before sentencing?

Avoid making excuses. Instead, let the Judge know you are remorseful, and that you will do whatever it takes to avoid getting in trouble again. A great speech at sentencing is a brief and sincere-sounding apology to the victims and the court.

What puts everything in motion?

Everything needs a push or pull, a force, to make it move or stop. Motion requires force, because as we say in the song, Inertia is a property of matter. Inertia is the tendency for any moving object to keep moving and any object at rest to remain at rest.

What stops something in motion?

In general, frictional forces slow an object to the point of stopping. These frictional forces depend on what kinds of materials are coming into contact, so you can get kinetic friction, viscosity, or air resistance to slow you down.

What is the #1 law of motion?

1. Newton's First Law of Motion (Inertia) An object at rest remains at rest, and an object in motion remains in motion at constant speed and in a straight line unless acted on by an unbalanced force.