Notice of Motion Scheduling

[mcdo]

What is the name of your state (only U.S. law)? South Carolina

I filed a "Motion to Dismiss With Prejudice" because my case is settled out of court. I attached an unsigned agreement along with the $25 filing fee.

I was sent a "Notice of Motion Scheduling" which in part states:

"Please notify the court in writing if the Motions are resolved prior to the hearing. Please file any briefs of memorandum the Wednesday before the week of the hearing."

My Question. Would I need to file another Motion and pay a $25 filing fee or just send a letter along with a copy of the signed settlement agreement with copy of payment to the clerk of court of common pleas?

My objective is not having to attend the hearing.

Thanks

 

[racer72]

When you called the court and asked, what were you told?

 

[Ohiogal]

What is the name of your state (only U.S. law)? South Carolina

I filed a "Motion to Dismiss With Prejudice" because my case is settled out of court. I attached an unsigned agreement along with the $25 filing fee.

I was sent a "Notice of Motion Scheduling" which in part states:

"Please notify the court in writing if the Motions are resolved prior to the hearing. Please file any briefs of memorandum the Wednesday before the week of the hearing."

My Question. Would I need to file another Motion and pay a $25 filing fee or just send a letter along with a copy of the signed settlement agreement with copy of payment to the clerk of court of common pleas?

My objective is not having to attend the hearing.

Thanks

Why did you attach an UNSIGNED agreement? Did you reference that in the motion? Where is the SIGNED agreement?

 

[Zigner]

Even with a signed agreement - don't expect this to be dismissed with prejudice if the terms of the agreement haven't been met yet.

 

[Willlyjo]

Even with a signed agreement - don't expect this to be dismissed with prejudice if the terms of the agreement haven't been met yet.

Usually, I would think there would be a 'Stipulaiton' to a settlement agreement that would be filed with the court that would result in Dismissal only after the conditions described in the stipulation were met.