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    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #1

    Jan 22, 2010, 09:57 AM
    How to file motion?
    Can anyone locate rule how to file a motion in GA magistrate court?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 22, 2010, 09:59 AM
    Quote Originally Posted by compiler View Post
    Can anyone locate rule how to file a motion in GA magistrate court?
    Check this link:
    http://www.atlantalegalaid.org/magcourt.htm
    It seems to be very informative.

    If I can ask, what are you suing for? Are you certain you're within the statute of limitations?
    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #3

    Jan 22, 2010, 12:14 PM
    Quote Originally Posted by this8384 View Post
    Check this link:
    How To Sue In Georgia's Magistrate Courts
    It seems to be very informative.

    If I can ask, what are you suing for? Are you certain you're within the statute of limitations?
    The question is regarding to the Motion such as filing the Motion before or after the trial. Do you know the rule to file a Motion in the GA?
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    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jan 22, 2010, 12:19 PM
    Quote Originally Posted by compiler View Post
    The question is regarding to the Motion such as filing the Motion before or after the trial. Do you know the rule to file a Motion in the GA?
    No I don't, because I have no idea what type of motion you're trying to file, what you're filing for, or who you're filing against or even if this is a pre-trial or post-trial motion.
    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #5

    Jan 25, 2010, 12:30 PM

    You do not know it. It does not matter what type of the motion. The state law has a code about filing the motion. Does anyone know the Georgia code for filing the motion in the state civil court?
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    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jan 25, 2010, 12:37 PM
    Quote Originally Posted by compiler View Post
    You do not know it. It does not matter what type of the motion. The state law has a code about filing the motion. Does anyone know the Georgia code for filing the motion in the state civil court?
    Nobody knows what you're talking about. Is this a homework question or are you actually trying to file a lawsuit?

    And yes, it does matter what type of motion. Family law is highly different from small claims or civil lawsuits.
    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #7

    Jan 25, 2010, 06:28 PM
    Quote Originally Posted by this8384 View Post
    No I don't, because I have no idea what type of motion you're trying to file, what you're filing for, or who you're filing against or even if this is a pre-trial or post-trial motion.
    You do not have to reply if you do not know the answer, do you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jan 26, 2010, 07:37 AM
    Quote Originally Posted by compiler View Post
    You do not have to reply if you do not know the answer, do you?
    Let me try to explain this. You post a question on this site because you do know the answer. One of the knowledgeable volunteers tries to help you explaining that your question is too vague. Rather then trying to give her more information so she can help, you get rude. That's not going to help you get answers.

    The GA Magistrate's court is equivalent to a small claims court. Like most small claims courts rules are much more relaxed and often the filer doesn't need to follow formal legal procedures. This site contains information about using the Magistrate's court:
    georgia.gov - Magistrate Court

    If you want more help then you will need to be more detailed about what type of motion you are filing, whether you are the plaintiff or defendant and the nature of the case.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #9

    Jan 26, 2010, 08:47 AM

    Generally motions are filed prior to any trial. Motions are heard at hearings prior to the trial of any matter.

    There are post trial motions that can be filed for appellate reasons.
    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #10

    Jan 26, 2010, 09:33 AM
    Quote Originally Posted by ScottGem View Post
    Let me try to explain this. You post a question on this site because you do know the answer. One of the knowledgeable volunteers tries to help you explaining that your question is too vague. Rather then trying to give her more information so she can help, you get rude. That's not going to help you get answers.

    The GA Magistrate's court is equivalent to a small claims court. Like most small claims courts rules are much more relaxed and often the filer doesn't need to follow formal legal procedures. This site contains information about using the Magistrate's court:
    georgia.gov - Magistrate Court

    If you want more help then you will need to be more detailed about what type of motion you are filing, whether you are the plaintiff or defendant and the nature of the case.
    I did not get rude but you did. I just told your people do not have to reply if you do not know the answer. The question is very clear, regarding to the civil case and the rule of filing the Motion. Regardless who files the Motion, plaintiff or defendant, they all need to follow the rule. The rule has a code. You do not know it, just read or skip it. What can you not understand?
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    this8384 Posts: 4,564, Reputation: 485
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    #11

    Jan 26, 2010, 09:38 AM
    Quote Originally Posted by compiler View Post
    I did not get rude but you did. I just told your people do not have to reply if you do not know the answer. The question is very clear, regarding to the civil case and the rule of filing the Motion. Regardless who files the Motion, plaintiff or defendant, they all need to follow the rule. The rule has a code. You do not know it, just read or skip it. What can you not understand?
    ... are you a 12-year-old boy with nothing better to do than make up imaginary questions?

    Clearly, you know nothing of the law. I seriously hope you are just looking for homework answers and not actually trying to file a lawsuit because if this is how you act, you're going to lose.

    There is no "rule" that you speak of. There is a process which must be followed and if not done so, the lawsuit may be dismissed for any number of reasons.

    But of course, you're just going to come back and tell us all that we're rude and don't know what we're talking about.
    compiler's Avatar
    compiler Posts: 91, Reputation: -1
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    #12

    Jan 26, 2010, 04:07 PM
    Quote Originally Posted by this8384 View Post
    .....are you a 12-year-old boy with nothing better to do than make up imaginary questions?

    Clearly, you know nothing of the law. I seriously hope you are just looking for homework answers and not actually trying to file a lawsuit because if this is how you act, you're going to lose.

    There is no "rule" that you speak of. There is a process which must be followed and if not done so, the lawsuit may be dismissed for any number of reasons.

    But of course, you're just going to come back and tell us all that we're rude and don't know what we're talking about.
    I can feed you. But, Gerber is better for you.

    Rule X.X. Filing.
    In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge.

    Rule X.X. Reply.
    Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion…
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #13

    Jan 26, 2010, 04:12 PM
    Quote Originally Posted by compiler View Post
    I can feed you. But, Gerber is better for you.
    Really? That's the best you can come up with? Adorable :)

    Quote Originally Posted by compiler
    Rule X.X. Filing.
    In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge.

    Rule X.X. Reply.
    Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion…
    I don't know why you wrote "X.X." and again, this is a waste of time because you refuse to tell anyone what the situation is. Everything you posted is self-explanatory and nobody has any idea what you're asking for anymore.

    Time to close the thread.

    EDIT: I have to assume that English is not your first language. Or are you just trying that hard to sound like you know what you're talking about and it comes out as jibberish?
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #14

    Jan 26, 2010, 04:54 PM

    Closed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #15

    Jan 26, 2010, 06:22 PM

    No, you are being vague and not helping us help you. It is obvoius you want to argure not get help,

    If you will explain the type of motion, they are filed differently and normally in small claims ( since that is where you posted, but then new people post in wrong area, we want to be sure it is not a criminal issue also.

    But normally in small claims court, forms are provided by the court that are basically fill in the blank in GA small claims

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