If you’ve received a legal motion or petition, it means someone is formally asking the court to take action—and you’re now required to respond. This step is critical. Failing to answer properly or on time could result in the court making a decision without hearing your side of the story.
Whether the issue involves custody, support, a civil dispute, or any other legal matter, this guide will walk you through how to respond in a way that protects your interests and keeps your case on track.
What Is a Motion or Petition?
Before you respond, you need to understand what’s been filed:
- A petition is a formal request to the court to open a case or make a specific ruling. Common examples include divorce petitions, custody petitions, or requests for restraining orders.
- A motion is a written request made after a case is already underway, asking the court to rule on a specific issue. Motions may ask to change custody, reschedule a hearing, or enforce a previous court order.
Both documents require a written response from you. They will include facts, legal arguments, and a proposed solution the other party wants the court to adopt.
Step 1: Read the Document Carefully
Start by reading the motion or petition from beginning to end. Highlight:
- The case number
- The name of the court
- Your name and the other party’s name
- The specific requests being made
- Any deadlines to respond
Don’t panic if it sounds formal or legalistic. Focus on identifying what the other party wants and why. That will help you structure your response.
Step 2: Check the Deadline
Court documents will usually state how many days you have to respond. The deadline may be listed on the notice or cover sheet. Common timeframes include 10, 20, or 30 calendar days from the date of service.
If you miss this deadline, the court may:
- Proceed without your input
- Grant the other party’s request by default
- Dismiss any defenses you try to raise later
If you need more time, you may be able to file a motion for extension—but do this well before the deadline.
Step 3: Understand the Type of Response Required
Depending on what was filed, you may need to prepare:
- An Answer: A point-by-point response to each claim made in the petition. You’ll agree, disagree, or say you don’t have enough information.
- A Response or Opposition: A written argument explaining why the court should deny or modify the request made in a motion.
- A Counterclaim or Cross-Motion: A request of your own, asking the court to take action in your favor.
Your local court’s website or self-help center will usually provide templates or fill-in-the-blank forms to get started.
Step 4: Draft Your Response
Your response should be clear, factual, and focused. Use numbered paragraphs to mirror the motion or petition you’re answering. If the other side says “1. The parties were married in 2018,” your response should say:
- “1. Admitted.” (if true)
- “1. Denied.” (if false)
- “1. Respondent lacks sufficient information to admit or deny.” (if unsure)
When writing an opposition to a motion:
- Start with a summary of your position
- Explain your side of the story, using facts—not emotions
- Reference any evidence that supports your claims
- Attach exhibits (such as documents, texts, or declarations) if allowed
Always remain respectful and avoid personal attacks. The judge is interested in legal reasoning and evidence—not drama.
Step 5: File the Response With the Court
Once your response is complete:
- Make at least two copies—one for you, one for the other party.
- File your original response with the clerk of the court.
- Pay any required filing fees (some responses are free; others may cost $20–$50).
- Get a file-stamped copy of your documents for your records.
If you can’t afford the filing fee, you can request a fee waiver by filing a form with income and financial details.
Step 6: Serve the Other Party
After you file, you must serve the other party with a copy of your response. This is how the court ensures fairness—everyone has a right to see and respond to the arguments being made.
You cannot serve the documents yourself. Use:
- A process server
- The sheriff’s office
- A neutral adult (not involved in the case)
Ask the server to complete a proof of service form and file it with the court.
Step 7: Prepare for the Hearing (if applicable)
If the motion or petition includes a hearing date, you must appear in court. To prepare:
- Bring a copy of your response and any attached exhibits
- Organize your documents in a folder or binder
- Arrive early, dress appropriately, and address the judge as “Your Honor”
Use your written response as a guide when speaking. Judges appreciate parties who stay focused and stick to the facts.
Step 8: Follow Up After the Hearing
After the hearing, the judge may issue an oral ruling or take the matter under review. You’ll typically receive a written order or minute entry confirming what was decided.
Keep a copy of the order and follow its terms exactly. If you disagree with the decision, you may be able to file a motion for reconsideration or pursue an appeal, but deadlines for these are short—usually 10 to 30 days.
Tips for Communicating With Legal Professionals
- Be honest and direct when speaking with attorneys or court staff.
- Use specific dates, names, and documents to explain your case.
- Don’t wait until the last minute to ask for help.
If you’re representing yourself, many courts offer:
- Legal clinics
- Self-help centers
- Online forms and instructions
Responding to a motion or petition can feel daunting, but it’s manageable when you take it step by step. Focus on clarity, deadlines, and respectful presentation, and you’ll give yourself the best chance to be heard and understood in court.