Motion for a Hearing
How-To: Motion for a Hearing
| Background: | You have a pending matter in federal court |
| Problem: | The matter is missing important facets that are not in written form |
| Solution: | You ask the Court to hold a hearing on the matter |
I. Definitions
Hearing
a proceeding where evidence is taken to determine an issue of fact and to reach a decision on the basis of that evidence; describes whatever takes place before magistrates sitting without jury. Thus a hearing, such as an administrative hearing, may take place outside the judicial process, before officials who have been granted judicial authority expressly for the purpose of conducting such hearings.
II. Legal Citations
Rule 1 Fed. R. Civ. P. | Scope and Purpose
"These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
Rule 78 Fed. R. Civ. P. | Hearing Motions; Submission on Briefs
"(a) PROVIDING A REGULAR SCHEDULE FOR ORAL HEARINGS. A court may establish regular times and places for oral hearings on motions."
Local Rule 3.01(h) USFLMD | Motions and Other Legal Memorandums
(h) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary.
5th Amendment (US Constitution) | Due Process
No person shall... be deprived of life, liberty, or property, without due process of law...
14th Amendment (US Constitution) | Due Process
No State shall... deprive any person of life, liberty, or property, without due process of law...
III. Samples
| # | Comments | |
|---|---|---|
| 1 |  | ± | USFLMD | 2020 | §1981 Case. Pro Se Filing. Finalize Motion for Sanctions. |
| 2 | | x Denied as Moot | USFLMD | 2015 | Pro Se Filing. Discuss Motion to Reconsider |
IV. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | USFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). |
V. Quick Commentary
- TBD's Experience: Judges shy away from holding hearings at a pro se litigants request.
"But unlike the state system, hearings on motions in federal court are not a given outside certain situations."
- see Jackman v 20th Judicial Circuit, 2:19-cv-00828-SPC-MRM (Dec. 29, 2020; USFLMD)
- File Separate: File your request for a hearing separately from all other papers (see Local Rule 3.01(h) USFLMD)
(h) ORAL ARGUMENT OR EVIDENTIARY HEARING. A party must request oral argument or an evidentiary hearing in a separate document accompanying the party’s motion or response and stating the time necessary.
- Download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the templates (see Part IV - above) to help draft your 'Motion for Leave to Reply'
- Save the final version as a PDF file.
- File the final version in court
VI. Additional Notes
- Value Add: Make sure to indicate that the hearing will add value
"The standard of review for orders entered on motions to disqualify counsel is that of an abuse of discretion."
- see Young v Achenbauch, 136 So.3d 575 (Fla. 2014)
VI. Conclusion
If written material will not suffice to help you present necessary argument/evidence then ask the Court to hold a Motion Hearing.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
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