Rule 28 Motions, Demurrers, Special Pleas, and Similar Items

When you want the court to do something in your case, you usually have to file a written request called a motion. You must also send a copy of that motion to the other side. The court may decide the motion just by reading what was submitted, or it may schedule a hearing where both sides can speak.

Some motions must be filed before the trial starts, or you may lose the right to raise them later. This includes things like challenging whether the court has the right to hear your case or whether there is a problem with how the case was filed. If you wait too long to bring up these issues, the judge can decide you gave up your right to argue them.

Both sides usually have a chance to respond to the other side's motions in writing before the judge decides. The judge has the final say on whether to grant or deny a motion, and that decision can affect how your case moves forward.