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Categories Finance and Business Legal Matters Court Practice and Procedure How to Schedule a Court Hearing. Download Article Explore this Article methods. Related Articles. Written by Jennifer Mueller, JD Last Updated: March 29, References. Method 1. File your claim with the small claims clerk. When you file a claim, the clerk may put a date on your claim. This date typically is the deadline for the other side to respond.

In some jurisdictions you don't have to show up at court on that date, but in others you do. The clerk will let you know if you are expected to be there.

No one has to show up in court on that date. If she does not, you win by default. Wait for an answer. The other side has a period of time to respond to your lawsuit. If there is no response, you can begin the process of requesting a default judgment. Contact the clerk to schedule a hearing. Once the other side responds, contact the clerk to get a hearing date.

In some jurisdictions, the small claims clerk will put your case on the small claims docket automatically and mail both you and the person you sued notice of the date, time, and location of your trial. If the date does not work for you, you will have to file a continuance asking the court to postpone the trial. Send notice to the other side. If you select a date, you must send notice to the other side.

If the clerk selects the date for you, the clerk generally will send notice to both parties. Method 2. Look at the court's calendar. You may have to go to the courthouse to view the calendar, or it may be available online.

If you want a hearing for a motion, be aware that many courts only hear civil motions on specific days of the week. You'll have to pick a "motion day" that works for you. Arrive at 9 a. on that day and be prepared to stay all day. Once you've chosen the date you want, call the clerk and have your motion scheduled on that date. Include the date on your notice. You must draft a notice of hearing along with your motion that includes the date you've scheduled the hearing.

In some courts, simply filling in the date on the notice of hearing is not enough to actually schedule it — you must have the hearing scheduled through the judge's chambers. A conference may be held with the judge and all parties to set the hearing. File your motion. You must file your motion with the clerk of the court that will be hearing the motion. When you file your motion, you'll have to pay a filing fee. Depending on your jurisdiction and the type of motion your filing, the fee could be less than a hundred or several hundred dollars.

Send notice to the other parties in the case. After you've filed your motion, you must serve the other parties with copies of your motion and notice of hearing so they know what you're asking the court and when the court will hear it.

The certificate of service you include with your motion details the method for serving the other parties. Typically you would use the sheriff's department to serve personally, or mail the documents using certified mail with returned receipt requested.

Method 3. Identify how much notice is required. Different types of motions may require you to allow different amounts of time for the other side to prepare. Check the rules for your motion to see how much notice you must provide. Check the court's calendar. wikiHow Account. No account yet? Create an account. Courses Tech Help Pro About Us Random Article. Quizzes Contribute Train Your Brain Game Best of wikiHow. Popular Categories. Arts and Entertainment Artwork Books Movies.

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Cookie Settings. wikiHow is where trusted research and expert knowledge come together. Learn why people trust wikiHow. Categories Finance and Business Legal Matters Court Practice and Procedure How to File a Motion to Change a Court Date. Download Article Explore this Article parts. Related Articles. Written by Jennifer Mueller, JD Last Updated: March 29, References.

Part 1. Consider talking to the other side first. Although you don't have to get the other side's permission to change the court date, the judge may be more likely to grant your request if both parties to the lawsuit agree to change it. This also could work in your favor if you are in a situation where the original court date is coming up soon and you are making a last minute request.

Look for forms. The clerk's office or your court's self-help center may have a form you can use to draft your motion to continue. If that is the case for your court, look for other motions that have been filed in that court that you can use as a guide for how your motion should be formatted.

Typically, these forms require you either to type your answers or to print legibly using blue or black ink. Format your caption. The caption of your motion will look the same as the caption in other documents filed in your case, so you can use those as a guide. Title your motion. The title of the motion tells the court what the document is. If you haven't been able to find a form, you should type out the title below the caption.

A Motion to Continue can also be referred to as a Request for Continuance. You can look at other motions filed in your court to determine which style is preferred.

Write out the reasons you're requesting a continuance. You must include a good reason why you want the judge to postpone your court date. The judge won't grant your request simply because you would prefer a different day. Keep in mind that the judge has complete discretion on whether to grant your request.

Draft an affidavit or other documents, if necessary. Depending on the reasons you're requesting a continuance, you may be required to include an affidavit with your motion.

The clerk typically can tell you what documents you need, or you can ask at a local self-help clinic or legal aid office. Part 2. Sign your motion.

The driver can either appear in court themselves on a trial date or have someone or a paralegal appear for them. Where a friend appears on behalf of the driver, the friend cannot give evidence or tell the court what the driver or defendant told them. Where you appear yourself, your knowledge of the court system and rules of evidence will be tested. Where a speeding ticket is reduced at court the ticket will still go on the driving record and affect insurance rates for three years.

Court clerks are being directed to push drivers into first attendance and meetings with the prosecution. The court system saves the time and money where they can get drivers to plead guilty without a trial date. It is your right as a Canadian citizen under the Canadian Charter of Rights and Freedoms to:. Upon appearing at court the driver will be solicited by the court clerks to accept a first attendance or meeting with a prosecutor.

Even where the driver applies for a trial date, they many even receive a letter in the mail or a phone call from the prosecutors office soliciting a guilty plea.

Clerks at the court have been ordered to offer these meetings with the prosecutor, as a way to save the courts money without regard to the effect of a speeding ticket on your insurance.

This system violates drivers rights by soliciting drivers to plea guilty to reduced charges who may not be away of the implications of doing so. It is highly improper for a court clerks to give legal advice and may not be acting in your best interests. Most court clerks do not understand the total costs and penalties of a speeding ticket nor are they qualified or legally allowed to give legal advice.

Many of the clerks themselves disagree with this process but they are under direct orders to encourage people to first attendance meetings because it saves the court money.

Filing for a Court Date How to apply for a court date and speeding ticket options explained. The Process to Fight a Speeding Ticket When charged with speeding drivers can: appear in court themselves, have a friend appear hire a paralegal The driver can either appear in court themselves on a trial date or have someone or a paralegal appear for them.

Where you hire a paralegal, they will know the system, law and technicalities for traffic court. Step 1 take the ticket to the court and request a trial date. Many Ontario courts are on a campaign to: disregard your rights discourage drivers fighting their tickets deny drivers the right to have a hearing circumvent the Demerit Point System Court clerks are being directed to push drivers into first attendance and meetings with the prosecution.

It is your right as a Canadian citizen under the Canadian Charter of Rights and Freedoms to: challenge any accusation against you to have a judge or justice listen and review the case against you to have a trial within a reasonable period of time The court system is intent in soliciting early reduced charges and guilty pleas. There are 4 options for your speeding ticket. Option 4 — Plea of Guilty — Voluntary Payment of Total Payable do not do this — do not plead guilty to speeding the ticket goes immediately on the driving record drivers lose any applicable demerit points the ticket goes on the driving record for 3 years the conviction goes to you insurance company to see for 3 years.

Speeding Links Demerit Points Photo Radar Insurance Implications Licence Suspensions Speeding Ticket Options Errors on Speeding Tickets New York State Speeding Tickets Stunt Driving Tickets FAQs. G1 Drivers. G2 Drivers. Class G Drivers. Demerit Points. Licence Suspensions. Insurance Implications. Fighting Speeding Tickets. Speeding Links Sitemap Privacy Policy.

NEW - The Daily Court Lists website now posts case information for two days. We use cookies to make wikiHow great. Draft an affidavit or other documents, if necessary. A lawyer knows what documents you must file at every step in a case, as set out in the Family Law Rules or any court Notices and Practice Directions. Download Article Explore this Article parts. Method 3.

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