Filing a Motion

Pro Se Litigants and attorney's can file motions regarding any aspect of a family court case. A motion is an opportunity to ask the Family Court Commissioner/Judge for relief or action in your court case or request a hearing/trial. When filing and presenting a motion before the Court, you need to make sure that the other party and their attorney are notified about the court date. Family Court Commissioner's cannot answer questions or provide legal advice to pro se litigants. They also cannot discuss your case unless both parties are present. Motions are heard on Tuesday/Wednesday/Thursday each week at 8:30a.

Frequently used motions in family court may involve: dividing assets/debts prior to trial (if they are time sensitive), putting a marital residence on the market, implementing contact with children, determining the timing of children's vacations, and initiating financial support (i.e., child support and/or maintenance).

All Motions should include:

  1. Heading: Include your names and your case number; Bill Cook v Sally Cook 1331-DR2371
  2. Description: What you are requesting and a brief description as to why you believe this request is needed
  3. Signature: Document must be signed and preferably notarized
  4. Notice of Hearing: You must send notice to the other parties involved in the case (including the Guardian ad Litem and any interveners)