A Motion is a request filed by an attorney requesting that the Court take action on some matter related to an ongoing dispute. There are countless varieties of Motions. Typically, Motions are filed to either enforce and existing court order or to modify a court order. This comes up in the issues of child custody, child support, alimony, discovery, and every other facet of the divorce process.
Many clients insist on filing an Emergency Motion to address an issue. The problem is that the “Emergency Motion” is filled with such regularity in family court that the word emergency has lost any real meaning. For the most part, the judge will read the Motion and determine whether it is in fact an emergency. If there is a true emergency which typically is limited to situations of child abuse, neglect or endangerment, a hearing will be set in relatively short order. However, even then the hearing could be set a week out as the Court recognize that there are many other outlets than family court to address a true emergency such as law enforcement and Child Protective Services.
There are many rules that apply to Motion practice. These are set forth in the New Mexico Rules of Civil Procedure. Collins & Collins, P.C. strives to strictly follow these rules. We believe the rules have a purpose of maintaining civility and professionalism in the practice of law. Unfortunately, in family law court, these rules are often ignored by both the attorneys and the judges. As a result, Motion practice in high conflict divorce, custody and family law matters can become quite abusive and expensive.
If at all possible, the parties should try to keep the conflict to minimum. A high conflict divorce or custody matter takes a lot of time. They are emotionally stressful, physically taxing, and if that is not enough, they can be financially disastrous for the parties, and their children.