What does a lawyer have to do to file a motion?

The Correctional guards told my b/f he would be allowed to hold his newborn baby during a visit if the lawyer files a motion to do so. We asked the lawyer to do it a month ago, but he still hasnt done it. He acted like it was no problem. Does he have to go in front of the judge?

Hello Victoria. I have never heard of getting a motion for an inmate to hold his own child during a visit, but this is in Ohio, so obviously your state's laws are different.

To answer your specific question however: a motion is a request made to the court asking for an action to be performed. Motions can be filed either by an attorney or pro se (meaning done by the person himself without the use of a lawyer).

The actual motion can be handwritten or be of a preprinted nature. It will state what action the person is asking the court to perform or allow. This is filed through the Clerk of Courts for the county involved. It will be heard (read) by the presiding Judge who will render a written verdict either granting or denying the motion. The motion is then returned to the person who submitted it.

A personal appearance is NOT needed nor called for when filing a motion. It can be mailed to the Clerk of Courts and the answer will be mailed back.

Since I have never heard of any motion asking permission for an inmate to hold his infant child, I cannot help in the phrasing or terminolgy needed. Nor do I know of any preprinted legal form that would help here.

One thing I will suggest is to call the facility and ask for the Administrative Assistant. This is a position directly under the Warden. Ask the AA about this "rule" and see what the official statement is concerning this.

Best of luck and I hope this is useful to you