Monday, January 30, 2012

How long does a court usually take to rule on a motion for dismissal of a case?

Like if the defendant files a motion for dismissal, removal or transfer, about how long would a judge take to issue a decision for an average not-too-complicated case? Any difference between federal and state (California) courts? I understand that it would vary, but I'm just looking for a typical time frame.How long does a court usually take to rule on a motion for dismissal of a case?The only "rule" in California is that a judge has to decide any matter submitted for decision within 90 days. However, that long a delay would hardly be typical for a routine trial court motion like yours. It is most likely that the judge would rule on it from the bench on the day it was heard. If he did take it under submission, I would expect the ruling within a few days.



If this is a trial court motion which does not require a hearing, then I would expect a ruling within a few weeks from the date that the last brief is filed.How long does a court usually take to rule on a motion for dismissal of a case?Three very different motions - dismissal, removal, or transfer, and civil or criminal court(?). Any motion must give the opposing party time to object to the motion, usually about 10 days after receiving the motion, then you have about 3-5 days to file a reply to the objection, and then the court can rule with or without a hearing. So generally about a minimum of 30 days or longer, with 60 days max, UNLESS you have filed a simultaneous motion for expedited review - for some semi-emergency type review action with very good cause for relief, then usually 10-20 days about.

A motion for removal (from that court) would probably be based on lack of court jurisdiction or prejudice by the location venue, and would be ruled upon sooner because the court cannot do anything else until jurisdiction is decided. If the court is taking too long to rule, you can file a Request For Decision On Motion To Dismiss again emphasizing the good cause reasons why a decision is needed.How long does a court usually take to rule on a motion for dismissal of a case?I have a similar question pending that I am not getting any answers on...anyways , I filed a Motion to dismiss in an order to show cause for indirect criminal contempt about 10 days before the hearing and the judge ruled on it at the end of the hearing . He still listened to all the testimony. Then did dismiss the case . I do know that some motions do have a time limit such as a motion to recuse is deemed granted if not ruled on within 30 days. Of course I am in Florida and speak from experience , and am not a lawyer..
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