Filing Motion For Hearing

by Rick from Orange City, Florida, Volusia County

What form(s) do I need to file to have my case reheard? I was granted a 90 day continuance at my last child support hearing so that could obtain a particular document. I now have the document.

Basically, what do I do now so that I can go back before the judge? Before the 90 days has expired.

Answer to Florida Court Forms Question

Dear Rick,

It sounds to me like you need to file a motion for hearing.

I can't tell what exactly took place at your last hearing, and so I can't tell whether your case needs to be re-heard.

But, if you are working within a 90 day continuance period set by the judge, you should be fine to simply file a Motion For Hearing.

You can purchase our fillable PDF Motion form for immediate download ($2.95).

You might want to make reference to the fact that you are presenting documents which the judge has requested.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Filing Motion For Hearing

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Change Date of Deposition
by: Anonymous from Florida

How to I file with the court to change the date of a deposition in a criminal matter for a minor child victim? My minor child is unavailable on a date for a subpoena as a witness for a deposition in a criminal matter. The State's Attorney's office is flexible, but the defense council is not being reasonable.

What form do we use to get relief from the court in this matter? We are simply looking for a change of date as the child has a event that we can't reschedule.

--Go back to the State Attorney, and explain the problem again. In criminal law, the victim is a witness; the perpetrator is the defendant; and the state is the prosecution or plaintiff. The defense attorney would be thrilled if a key witness was not available for deposition, because then all the defense attorney has to say, is - Your Honor, no victim, no crime.

Find out if your state attorney's office has a victim advocate that might help get the deposition rescheduled. You could explain to the state attorney or victim advocate, that your child has already been victimized. Also, you could explain that you do not want your child to suffer further damage by being forced to miss an event that your child has anticipated all year.

You could also explain to them that this event is important to your child's emotional well being, after having been a crime victim, a return to normalcy is of paramount importance. Ask the state attorney to have the case continued until your child can be deposed. --Staff

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