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(10.25) What are motions?

(10.25) What are motions?

A motion is a request for a judge to decide something before the fair hearing. An example of a motion is a motion for aid paid pending because the regional center did not continue to provide services. Other examples are a motion to postpone/continue the hearing date and motions about subpoenas. You can file motions. The regional center can also file motions.

Some regional centers have filed motions to dismiss a case. A motion to dismiss asks the judge not to allow the hearing because you do not have a right to a fair hearing. This motion is rare. It also doesn’t fit with the law, which says you normally have the right to a fair hearing. The exception is when there is no “factual issue.” This could be if the law said no one is ever eligible for a certain service anymore, no matter their needs.