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To file your motion, you'll need to take your original and copies to the court clerk's office. This office will be in the courthouse where you want your motion to be heard. In most cases, you'll be going back to the same court that issued the original order. Some courts may allow you to file your motion by mailing it to the clerk. However, it's usually best to go in person to avoid delays. Some courts don't charge any fees for filing a motion. If there is a filing fee, it typically will be less than $50. You can check the court's website or call ahead to the clerk's office to find out for sure. If there is a fee, find out what methods of payment are accepted. Many clerk's offices don't accept credit or debit cards. If you have lower income, you may qualify for a waiver so you don't have to pay any court fees. To apply, you'll need to fill out an affidavit with information about your income and household expenses. You can get an affidavit at the clerk's office and fill it out there. The clerk may have to witness your signature. When you turn in your affidavit, you may need to appear before a judge. If you're planning on applying for a fee waiver, wear appropriate clothing to appear before a judge. In some courts, the clerk will automatically set your motion for hearing on the court's calendar. Others don't schedule a hearing unless you specifically ask for one. Ask the clerk when the judge will hear your motion. If the date the clerk said isn't convenient for you, try to get it moved while you're there in the clerk's office. It may be more difficult to have it changed later. Some judges only hear motions on a specific day each week. Ask the clerk about the local procedure for motions. In some courts the judge will expect live testimony from you and the other person. In other courts, you must get permission to speak to the judge about your motion. Once your motion is filed, you must let the other person know so they can appear in court and defend themselves. Typically you'll do this by having a sheriff's deputy or Marshall hand-deliver the court papers to the other person. You'll have to pay a small fee to have the documents served. If you were granted a fee waiver, it may cover your service fees as well. You may not need to have the other person served if you have a waiver of service agreement with them. If you're not sure whether they've waived service, err on the side of caution and have them served anyway.
Go to the clerk's office. Pay any applicable fees. Apply for a fee waiver if you can't afford the fees. Get a hearing date. Have the other person served.