Questions about correct filing...

[Imom]

Soc,

My ex and I have a hearing Sep. 6 for clairfications. My ex lives 10hrs one way away so I am using that to my advantage to try to reach a settlement prior.

There are other issues that will need to go before the court within the next few months, as my ex knows this I am offering to settle those issues right now.  

I sent my ex a stipulated agreement that not only covers the issue before the court but these upcoming issues as well.....I offered to simultaneously ask to dismiss the hearing on the 6th as there would be no reason for a hearing if an agreement is reached.

Not for sure if this would work, but this is what I have drafted......

AFFIDAVIT AND  MOTION FOR DISMISSAL OF COURT HEARING ON     SEPTEMBER 6, 2006

Respondent, XXXX XXXX., in propria persona, hereby appears and moves that the Court dismiss the hearing scheduled for September 6, 2006 and to Adopt and Order the Stipulated Agreement between the parties.  

In support of the above motion, I, XXXX XXXX., after first being duly sworn, do hereby depose and say:

1. That I am Respondent in the above-entitled action, and if called upon, I could testify competently to the matters set forth herein, of my own personal knowledge.

2. That on June 2, 2006 I filed and Affidavit and Motion for Clarification of Current Orders.

3. That on June 6, 2006 the Court having read and considered said Affidavit and Motion set a hearing on the matter for the 6th day of September, 2006.

4. That the parties have reached a Stipulated Agreement regarding the Affidavit and Motion for Clarification of Current Orders filed on June 2, 2006. Copy Attached.

5. For all of the foregoing reasons, I, XXXX XXXX, respectfully ask that the Court dismiss the hearing scheduled for September 6, 2006 and to Adopt and Order the Stipulated Agreement between the parties.

By:____________________                                             ___________
Contact Info                                                                    Date




Subscribed and sworn to, before me, this _________ day of _____________, 2005


By; _________________________

NOTARY PUBLIC
My commission expires


1. Is that all I need to say in this motion?

2. Or do I need to file 2 separate motions?

3. Do I need to/rather should I still "serve" the other parent even though they have agreed and signed the stipulated agreement?

[socrateaser]

See edits below:

>RESPONDENT'S MOTION AND AFFIDAVIT FOR ORDER OF STIPULATED AGREEMENT

>SEPTEMBER 6, 2006
>
>Respondent, XXXX XXXX., in propria persona, hereby appears and
>moves that the Court order the attached (insert the exact title of the stip), on grounds that the parties have reached a settlement of all matters at issue and currently pending hearing in this court.
>
>In support of the above motion, I, XXXX XXXX., after first
>being duly sworn, do hereby depose and say:
>
>1. That I am Respondent in the above-entitled action, and if
>called upon, I could testify competently to the matters set
>forth herein, of my own personal knowledge.
>
>2. That on June 2, 2006 I filed and Affidavit and Motion for
>Clarification of Current Orders.
>
>3. That on June 6, 2006 the Court having read and considered
>said Affidavit and Motion set a hearing on the matter for the
>6th day of September, 2006.
>
>4. That the parties have reached a Stipulated Agreement
>regarding the Affidavit and Motion for Clarification of
>Current Orders filed on June 2, 2006. Copy Attached.
>
>5. For all of the foregoing reasons, I, XXXX XXXX,
>respectfully ask that the Court take the hearing scheduled
>for September 6, 2006 off calendar, and Order the attached Stipulated
>Agreement.
>
>By:____________________                                      
>     ___________
>Contact Info                                                  
>                 Date
>
>
>Subscribed and sworn to, before me, this _________ day of
>_____________, 2005
>
>
>By; _________________________
>
>NOTARY PUBLIC
>My commission expires
>
>
>1. Is that all I need to say in this motion?

It is now.

>
>2. Or do I need to file 2 separate motions?

Nope.
>
>3. Do I need to/rather should I still "serve" the other parent
>even though they have agreed and signed the stipulated
>agreement?

Yes, you do have to serve them, so they know what you're entering, and because they are entitled to respond. However, if they've signed the agreement, then that pretty much tells the court that there's no disagreement and that it's ok to enter the order.

[Imom]

NM