What is a Motion to Enter

A Motion to Enter usually brings a certain amount of trepidation as the case is starting to move fast. In this post, we are going to take a look at what a Motion to Enter is and what it means in Oklahoma Family Law Cases.

A Motion to Enter is the logical next step in the case when there is no clear settlement or compromise and the Court is going to have to help the parties in making a decision.

In a new case, such as a divorce or paternity case, a Motion to Enter happens when communications break down or the case stalls. This is often after the Court has issued Temporary Orders and there has been time to decide whether a trial is necessary.

However, in a Modification of Child Custody or Visitation where there is already a final decree from a previous case, a Motion to Enter is often used sooner as the parties do not agree on the change of custody, for example, and the trial is the option to have the Judge decide what is in the best interests of the children.

The Function Of A Motion to Enter

The Motion to Enter is filed by either party of the case. This tells the Court that we need to get on the trial docket and schedule the necessary hearings in anticipation of a trial.

A hearing is scheduled for the Motion to Enter and the other party must be served with notice.

At the hearing, the parties receive a scheduling order from the Judge. This document outlines the expectations of the trial and includes deadlines for responsive motions, discovery, and evidence to be presented to the Court and the other side.

It is likely mediation will be ordered at this stage as well. I will explain the mediation process in a separate post but mediation is used to either settle prior to the time and expense of trial or to come to an understanding on what can be agreed on and clarify the outstanding issues for the Court to decide at trial.

In addition to deadlines for Discovery, a Resolution Conference is also scheduled. Also known as a Pretrial Conference, this is a hearing that allows both parties to appear before the Judge, explain the outstanding issues in the case, provide argument for the exclusion of evidence, and decided if trial is in fact necessary. This hearing is typically 1-2 weeks before trial.

Lastly, the Court schedules the case for trial. This can be a full-day (8-hour) trial or a half-day (4-hour) trial depending on the needs of the case and the number of witnesses.

Trial is the opportunity to get a final resolution in the case and have the Judge decide one way or another. Not all cases make it through to trial, in fact only about 3% of cases overall go to trial. This is for a number of reasons: cost, time to get through the case, and settlement to name a few.

It should also be noted that trial in a family law case is a bench trial. That means it is the Judge that makes a decision alone and that there is no jury in the courtroom. TV shows often dramatize trial in a way that is comedic to most attorneys however the basic functions remain the same. You and the other party will be called as witnesses along with other individuals who can testify to the needs of the case. All witnesses are asked questions by their attorney and then are subject to cross-examination by the other side. The Judge can also ask any questions they would like answered.

At the conclusion of trial, the Judge issues their findings. The attorneys then prepare a final order that will be signed by all parties, both attorneys and the Judge. The case is then over and the binding order remains in effect.

Other Considerations

I often tell my clients that we need to take all necessary steps before we file a Motion to Enter for a couple of reasons:

1. I focus more on potential resolution than rushing into the expense of the trial phase. As mentioned above, there is a lot more involved in progressing the case than just getting a date for trial.
2. Once we schedule our Pretrial Conference and Trial, those are hard dates, meaning they will not be moved without the Judge approving it. All Oklahoma Courts are very busy and scheduling a whole day of the Court’s time is taken very seriously.
3. Because the dates given are hard dates, if we take the steps to begin this process we must be willing to go the distance and take all necessary steps. We cannot threaten trial and not be willing to participate.

But What About???

Every family law case is unique and has certain individual characteristics with it. Because family law cases are a court of equity, meaning the Judge will attempt to find a fair or equitable division of assets, there is no way to explain every wrinkle of potential issues in one post.

If you read this post and have questions about your individual situation, please call us so that we may discuss it in more specific detail.

I also consider this a living document where we update and tweak this process as things change in procedure and with specific counties. Please bookmark our main page Stages of an Oklahoma Family Law Case. You can also reach our office at 405-889-1439.