Filing Motion In Georgia

Summary

In Georgia, after a case is transferred to juvenile court, all subsequent motions, including those contesting the transfer, should be filed in juvenile court. The Superior Court generally loses jurisdiction once the transfer is complete. If the juvenile court does not accept the motion due to jurisdiction issues, consulting with a local attorney is advisable to explore options such as appealing or seeking a writ from a higher court. Its crucial to adhere to the transfer orders instructions and review for any procedural errors.

Full Conversation

I filed a motion in superior court to reconsider the superior court’s order to transfer my case to juvenile court. I filed it 9 days after the order was signed. My efile was rejected today because the case has been fully transferred to juvenile court and the judge stated on the order that all filings should occur at juvenile court. What can I do
Hey ****, you might consider taking the following steps:
- File your motion in the juvenile court now that your case has been transferred there.
- Review the order for any specific instructions regarding filings.
- Consult with a local attorney for detailed guidance, as they can provide personalized advice.
Do you want to connect with a local lawyer who can assist further?
How can I file a motion for reconsider of a superior court order in juvenile ciurt
To file a motion for reconsideration in juvenile court, you can:
- Draft the motion, stating why the reconsideration is justified.
- File it directly with the juvenile court where your case is now.
- Ensure you follow any specific local court rules or procedures.
- Consider consulting with a local attorney for precise guidance.
Would you like help connecting with a local lawyer?
Does ga law say that this is proper
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In Georgia, once a case is transferred to juvenile court, any further filings should generally occur there. It's important to follow the specific instructions outlined in the transfer order. Consulting with a local attorney can provide clarity on whether the motion for reconsideration is appropriate in your situation. Would you like further assistance or have more questions?
Even a motion to reconsider the transfer order?
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In Georgia, after a case is transferred to juvenile court, you typically need to file any subsequent motions, including a motion to reconsider the transfer, directly with the juvenile court. It's crucial to follow the instructions in the transfer order. Consulting with a local attorney can provide personalized guidance. Do you have any other questions or need further assistance?
I put in my reconsideration motion reasons why juvenile court should not have the case. My motion is against juvenile court.
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In Georgia, once a case is transferred to juvenile court, all subsequent motions, including those contesting the transfer, should be filed in juvenile court. It's crucial to adhere to the transfer order's instructions. It's advisable to consult with a local attorney for specific guidance. Do you have any other questions or need further assistance?
The supervior court clerk said I could refile it and they would accept it. What would be the penalty for refiling
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In Georgia, refiling a motion in the wrong court, even if previously advised by a clerk, may lead to procedural delays or potential dismissal of the motion. However, there are usually no direct penalties unless the court deems it frivolous. It's best to verify with a local attorney to ensure compliance with the court's rules. Would you like further assistance or have more questions?
What is the ga statue for filing a motion to reconsider a transfer order to juvenile court
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In Georgia, there's no specific statute explicitly detailing the process for filing a motion to reconsider a transfer order to juvenile court. However, general rules of civil procedure apply, and it's crucial to adhere to the instructions in the transfer order. Consulting with a local attorney can offer precise guidance based on your situation. Would you like further assistance or have more questions?
Is this correct: In Georgia, a motion for reconsideration of a Superior Court transfer order to juvenile court should be filed with the Superior Court, even if the case has been transferred to juvenile court. While the transfer itself divests the Superior Court of jurisdiction over the case, the motion for reconsideration challenges the decision to transfer, and thus must be filed in the court that made the initial transfer order
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In Georgia, once a case is transferred to juvenile court, typically all subsequent motions, including motions for reconsideration of the transfer, should be filed in the juvenile court. The Superior Court generally loses jurisdiction once the transfer is complete. Consulting with a local attorney for precise guidance is advisable.
Would you like further assistance or have more questions?
Challenging the Order: A motion for reconsideration is a request for the same judge who made the decision to re-evaluate it. Filing: You file the motion with the Clerk of Superior Court, as the initial order originated there. Time Limit: Georgia law allows for a *-day window to file a motion for reconsideration after the transfer order is entered.
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It seems like you're navigating a complex process. Based on Georgia law and the situation, filing a motion for reconsideration after a transfer typically occurs in the court where the case currently resides.
If you have more questions or need further clarification, feel free to ask!
Ok. Did the judge transfer the case too quickly and by doing so impeded on the parties right to file a timely motion to reconsider
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It's possible that the quick transfer may have affected your ability to file a timely motion. However, in Georgia, the transfer typically means all subsequent filings should occur in the new court. You might want to consult a local attorney to explore if your rights were impeded. Do you have any other questions or need further assistance?
If the judge did this too quickly, and juvenile court does not accept the motion because they don’t have jurisdiction over another judges order, then what
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If the juvenile court doesn't accept the motion due to jurisdiction issues, consider these steps:
- Consult with a local attorney to assess if the transfer process was flawed.
- Determine if you can appeal or seek a writ from a higher court for relief.
- Review the transfer order for any procedural errors or rights violations.
Would you like further assistance or have more questions?