In the field of law, success hinges on effective legal case management. It acts as the backbone of fruitful legal proceedings and efficient operations. Communicating with your assigned Judge outside the Court while the case is pending is unethical. We call this ex parte communication.
So, how can you ask the Court for something? How can a party get in front of the Court while a case is pending, to discuss something important that needs a decision before the case is over?
File a Motion:
A motion is a request to the court to obtain an order on a specific issue. You can make motions either orally at a hearing or in writing.Most motions require a hearing before the Judge makes a decision. If the Court doesn’t require a hearing, it will base its decision on written submissions. The decision also relies on any supporting affidavits, documents, or other evidence submitted with the motion. If a motion calls for a hearing, the attorneys (or pro se litigants) must appear before the court and argue the motion.
Case Management Conference:
Another way to (ethically) communicate with the Judge would be setting the case for a Case Management Conference (CMC); sometimes referred to as a Status Hearing.
A CMC is a hearing where the judge, the attorneys, and the parties meet to discuss the pending issues in the case. CMCs aim to guide the parties and advance the case towards completion.
Either a party’s motion or the Court’s own motion may set a CMC. The order or notice setting the CMC will specify the matter considered.
All Courts have their own procedure for CMCs. In Florida, the procedures for scheduling and conducting a case management conference are outlined in Florida Rule of Civil Procedure 1.200(a).
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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