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There are only two ways to communicate with the judge:
You cannot have one-sided ex parte communications with the judge, for example:
Ex parte communications are forbidden because they are unfair. Both sides in the case have the right to know that something is going on in court and each has the right to tell his/her side of the story. The court must hear from both sides before it can make a decision.
A motion is the paper you must file to ask a judge to make a ruling or take some other action. A motion is the first step in the three-step process called motion practice, which is controlled by Civil Rule 77 
.
Motion practice is the three-step process to ask the judge to order something in the case. First, the moving party, i.e. the person who is asking for a court order, files a motion, asking the court to order something specific. Second, the other party files a response or opposition. Third, the moving party can reply to the opposition.
| Step # | Who files? | What form? | When? |
|---|---|---|---|
1 |
The moving party (the person who needs a court order) | Motion
- Affidavit |
File when you need a court order |
2 |
The opposing party | Opposition
- Affidavit |
These are due 13 days after the motion was mailed, or 10 days if it was hand delivered |
3 |
The moving party | Reply | This is due 8 days after the Opposition was mailed, or 5 days if it was hand delivered |
View video: Motions Part 1: How to Ask the Court For Something
To file a motion you must fill out three forms:
This form is like a cover page and tells the judge what you want and why you want it in a sentence or two. It also tells the judge:
This form is where you tell the judge the whole story and why you should get what you say you want. Be sure to:
Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks and postal officials. You will need picture I.D. when you sign.
Sometimes, depending on what you are asking for, you may use a specialized affidavit such as the Best Interests Affidavit, SHC-1125 (Word | PDF), which is designed for use as part of a Motion for Custody.
The order is the document you are asking the judge to sign. It tells anyone who reads it exactly what the judge has ordered in very simple, clear terms. Do NOT sign and date the proposed order. If the judge agrees with your Motion, he/she may sign your proposed order, or may change it or sign a different order.
If you are filing a motion after you get your final judgment, also use Notice of Motion, SHC-1630 Word | PDF.
These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).
After you fill out the forms, make 2 copies. Keep 1 copy for your records. Mail or hand-deliver a copy to the opposing party (or their lawyer if represented). Fill out the certificate of service on the bottom of the original Motion, stating how you provided the opposing party with a copy. File the original at the courthouse.
Send or hand deliver a copy of all these documents to the other person, or lawyer if they have one. The law says the other person must have a chance to tell their side of the story. Send your copies by first class mail or deliver them in person. Please read the information about serving the opposing party.
The other person has 13 days from the time you mailed the motion to tell the judge his/her side. If you hand delivered the motion, the other side has 10 days to respond. He or she will file her response by filing an Opposition, Affidavit & Memorandum and an Order.
View video: Motions Part 2: How to File an Opposition to a Motion
If you were served with a motion, you have the right to respond and tell the judge whether you agree or disagree with the moving party's request. You are called the non-moving party. You will also fill out three forms:
This form is like a cover page and tells the judge what you disagree with, what you want and why in a sentence or two. It also tells the judge:
This form is where you tell the judge the details of why you disagree and what you want. Be sure to:
Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks or postal officials. You will need picture I.D. when you sign.
The order is the document you are asking the judge to sign. It tells anyone who reads it exactly what the judge has ordered in very simple, clear terms. Do NOT sign and date the proposed order. If the judge agrees with your Opposition, he/she may sign your proposed order, change it or sign a different order. If you oppose everything about the motion, your order will say something like, "motion denied."
These forms can also be found in the Generic Motion Packet, SHC-PAC6 (this includes forms for both the party who wants to file a motion and the party who wants to respond or oppose a motion).
You have 13 days from the time the motion was mailed to you, or 10 days from the time the motion was hand delivered to you, to file your opposition.
Once you have filled out the forms, along with the certificate of service, you must file them at the courthouse.
You must send or hand deliver a copy of all these documents to the other person, or their lawyer if they have one. The law says the other person must have a chance to tell their side of the story. After you fill out the forms, make 2 copies. Keep 1 copy for your records. Mail or hand-deliver a copy to the opposing party (or their lawyer if represented). Fill out the certificate of service on the bottom of the original Opposition, stating how you provided the opposing party with a copy. File the original at the courthouse.
Please read the information about serving the opposing party.
The moving party has 8 days to reply to your opposition if you mailed it. If you hand-delivered the opposition, then they only have 5 days. Then the paperwork will go to the judge, who will make the decision. If the judge thinks a hearing is needed, you will receive a notice telling you when and where to appear.
View video: Motions Part 3: Preparing a Reply
If you filed the motion, you can reply to the opposition if you think it is necessary. But, it is not required. If you decide to reply, you must file it within 8 days of when the opposition was mailed to you. If it was hand delivered, you have 5 days to reply. You must serve the opposing party with a copy of the reply and fill out the certificate of service stating how you served the other party. Please read the information about serving the opposing party.
View video: Motions Part 4: Mailings and Deadlines
For motions and opposition, count every day except the first day. If you land
on a Saturday, Sunday or Holiday, go to the next business day. For replies,
do not count the first day, and then count only business days. See Civil
Rule 6(a) .
Yes. If someone files a motion before the date an answer to a complaint is due, the timeline to respond to the motion is:
For example, if the plaintiff serves the defendant with a complaint and a motion for interim orders on May 4, the response/opposition to the motion is determined by the answer due date which is 20 days later. That means the response/opposition is due on May 24 (if the plaintiff served the motion documents by a process server or hand delivery) or May 27 (if the plaintiff served the motion documents by certified mail because the rule adds 3 more days for mail delivery).
In another example, the plaintiff serves the defendant with a complaint on May 4 by mail and later serves the motion for interim orders on May 20. The response/opposition is due 10 days + 3 days for mailing on June 2, because that is later than the date the defendant’s answer is due on May 24.
View video: Filing Documents by Mail
Yes, you can mail your motion papers to the court for filing by 1st class US mail. You need to include all of the forms you have filled out, signed and had notarized where indicated.
Make 2 copies of all papers before you mail the originals to the court. Keep 1 copy for your records. You will need 1 copy to serve the defendant.
You must request a hearing if you want one. You can request it in your motion, opposition, reply, or by separate motion. If you are filing a separate motion you must file it within 5 days after the opposition is filed. The judge does not have to hold a hearing, even if you ask for one, so put all your arguments into your motion or opposition. The judge can schedule a hearing even if no one asks for one. If the judge schedules a hearing, you will receive a notion with the date, time, and location.
Generally, the motion paperwork will not be sent to the judge's chambers until after the entire motion practice cycle has run - usually about 3 weeks.
If a hearing is scheduled, there will be no decision until after the hearing, and it may take many weeks to get one scheduled.
If there is no hearing, the judge will make a decision in due course. Usually, this is within a few weeks, but it could take months. There are many factors affecting the time, such as the complexities of your motion, other motions that may be pending in your case, and the judge's overall schedule.
When you need a court order.
If you need the judge to decide on a specific issue prior to your final hearing or before you receive a judgment, you will need to make the request to the judge by filing a Motion for Interim Orders, along with an affidavit and a proposed order.
If you have children, you can file a Motion and Affidavit for Interim Orders - With Children (SHC-1100, Word | PDF). This form will tell you what other forms to attach.
If you do not have children, you can file a Motion and Affidavit for Interim Orders - No Children (SHC-1105, Word | PDF). This form will tell you what other forms to attach.
If you receive a motion for interim orders for custody, child support or something else, you have 13 days from the date it was mailed to file a response, or 10 days if you received the motion by hand delivery. You can respond by filing the same 3 forms used to oppose any other motion: the Opposition, Affidavit & Memorandum, and Order on Opposition.
If you feel that you have an emergency that justifies speeding up the motion
process, you may consider filing an additional motion asking for expedited consideration
of your main motion. Civil Rule 77(g) is the special
court rule controlling these requests. Requests for expedited consideration
are rarely granted, and should only be used in a real emergency. You may
call the Family Law Self-Help Center Helpline
for more information and the special form, or you may consult
with an attorney. There are special requirements to serve a motion for expedited consideration.
A complete set of general forms is provided in
There are a number of specialized motions available, such as:
For more information or to request a form, please call the Self-Help Center Helpline.
The following examples may be helpful:
Sample Motion for Return of Boat
Sample Affidavit & Memorandum in Support of
Motion for Return of Boat
Sample Order for Return of Boat
| Rev. 10 April 2019 © Alaska Court System www.courts.alaska.gov |
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