New York, NY asked in Family Law, Child Custody and Constitutional Law for Kentucky

Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge signs off on it. Even if its not a trial.

2 Lawyer Answers

A: Yes. You should be allowed to speak to it before the judge makes any ruling.

James L. Arrasmith
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Answered

A: Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you have the right to speak on your own behalf and present arguments related to your motion or any motion filed against you.

It's essential to be prepared and familiar with court procedures. If a motion is ex parte, typically only one party presents arguments without notifying the other, but the court's rules will dictate the exact process. Always check the local rules and practices of the specific court you're in. If you're unsure about the process or your rights, you should consider seeking legal counsel or consulting with the court's clerk. Pro se litigants are held to the same standards as attorneys, so it's crucial to be informed and prepared.

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