INSTRUCTIONS FOR MOTION TO SHORTEN TIME
Overview: When you file something with the Court, you must make sure that a copy is delivered to your opposing party (if you are opening a new case or reopening a closed case, you will need to wait for the clerk to issue a summons; otherwise, you will be completing a certificate of service). Your opposing party has the opportunity to respond. By law, they have a set amount of time to respond (ranging from 15 days to 90 days, generally). In cases where there is a need for the court to address what you have filed more quickly, you may request that the Court shorten the amount of timeyour opposing party has to respond, so that the Court can more quickly address the merits of what you have filed. To do this, you must file a Motion to Shorten Time.
How to:
- The Motion to Shorten Time must accompany the other request you are filing (a complaint/petition/motion/request such as a motion for an expedited hearing or a motion for a postponement). Please be sure to fill in the name of that request in the blanks that follow “Complaint/Petition/Motion/Request for….”
- Be sure that all blanks are filled in, including your case number, and that you have circled the appropriate selection where directed to “circle one.”.
- Before you file the Motion to Shorten Time, you will need to call your opposing party(or if your opposing party is represented by an attorney, you must call the attorney) at least 24 HOURS BEFORE you file the Motion to Shorten Time. You musttell him/her that you are filing a Complaint/Petition/Motion/Request along with a Motion to Shorten Time. You must attempt to reach an agreement with them as to when you would like them to respond to your Complaint/Petition/Motion/Request. ALL PARTIES MUST BE NOTIFIED.
- You must tell your opposing party that you will be “filing and presenting your Motion to Shorten Timeto the Clerk’s Office at a specific date and time” (at least 24 hours after you have called them).
- You must include in your Motion to Shorten Time the substance of your conversation with your opposing party (or their attorney) and state whether or not an agreement was reached as to the shortened response time.
- You must then appear at the Clerk’s Office (room 100) at the date and time you told your opposing party you would be there.
- Give the Clerk your Motion to Shorten Time and your Complaint/Petition/Motion/Request and all other paperwork that may accompany them.
- The Clerk will then bring your Motion to Shorten Time to a Judge. You (and your opposing party, if present) will follow the Clerk and wait in the hallway for the Judge’s decision.
- You MUST wait for the Judge’s decision BEFORE you leave the courthouse that day.
- If it is granted, there may be some additional steps the Court will require you to take.
If you have questions, the FamilyLawSelfHelpCenter is available to assist you. Please visit the FamilyLawSelfHelpCenter located in the Law Library on the 3rd floor. Hours are Monday, Wednesday and Thursday 9:00 am -4:30 pm and Tuesday and Friday 9:00 am – 1:00 pm.