what is the procedure to file a motion?

[spinner]

ok so I have my motion all ready and I have the affidavit, called the clerk of court and got a date and time, ....
What's next?

- do I go downtown with a check and ask for the filing desk?
- then can I simply maill it to her and her attorney?
- how many days in advance do I need to mail it to her and her attornery? hearing is in 30 days, ... I don't want to mail it too hearly

thanks

[socrateaser]

>ok so I have my motion all ready and I have the affidavit,
>called the clerk of court and got a date and time, ....
>What's next?
>
>- do I go downtown with a check and ask for the filing desk?
>- then can I simply maill it to her and her attorney?
>- how many days in advance do I need to mail it to her and her
>attornery? hearing is in 30 days, ... I don't want to mail it
>too hearly

The precise procedure varies by jurisdiction (State). The general process is that you serve a copy of the motion on the other party, or their attorney if the party is represented, by U.S. Mail, and accompany the motion with a copy of a certificate/affidavit of service. In most jurisdictions, this certificate of service must be signed by a person, 18 years of age or older, who is not a party or attorney in the case (e.g., CA), although in some jurisdictions, an attorney can self-certify a client's motion (e.g., OR), but regardless, one may always have a disinterested third party serve the pleadings. After the copy of the motion is served, the original, along with the original proof of service is filed with the court clerk, usually the civil clerk, or family law/domestic relations clerk, if one exists in the court where the case is pending.

As for when to serve the motion, it is never too early, however, it can be too late, and the time limit for service of process by mail also varies by jurisdiction, so I would serve the motion sooner, rather than later.

Hope this helps.