Oftentimes, I forget that a client is going through their only experience with the Court system. That leads, from time to time, to a failure to clearly explain the Court system.
In Louisville, every Monday (except for some Holidays) is Motion Hour Day in Circuit Court, including Family, Criminal and Civil Divisions. That is also true in Anderson, Bullitt, Shelby and Spencer Counties. In Fayette, Henry, Oldham, and Trimble Counties, Motion Hour is on Friday.
Motion Hour is a time that every Trial Court reserves on its calendar (with varying frequency) so that attorneys may present Motions to the Court. A Motion is something like a letter to a Judge asking her or him to take some action or prohibit some action from happening.
In divorce and custody cases, there are pendente lite motions, or motions asking for temporary help; scheduling motions; discovery motions; jurisdictional motions; enforcement motions; and post-Decree motions to modify.
Motions are noticed for the regular Motion Hour of the Court. It is rare for a client’s attendance to be necessary, but you are always welcome. If there is any objection to the Motion, then it will be assigned to a Hearing at a later date.
The outcome of a Motion is most often an Order. The Order is the Judge’s written response to the Motion. It is enforceable once the Clerk enters the Order (usually with a stamp).
Today was Motion Hour in Louisville, Shepherdsville and Taylorsville for me. For a change, I did not have any clients who wanted to go see the sausage being made, so to speak. Hopefully, this post will serve to educate and remind me to clearly explain this process on subsequent occasions.