Motions Legal Documents

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Commonly Asked Questions about Motions Legal Documents

What is the real purpose of filing a motion?

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

What is a document motion?

A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.

What does motion mean in a court case?

What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

Why do attorneys file motions?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

What does it mean to make a motion?

1. Motion: To introduce a new piece of business or propose a decision or action, a motion must be made by a group member (I move that) A second motion must then also be made (raise your hand and say, I second it.) After limited discussion the group then votes on the motion.

What does it mean when a motion is granted?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence. Diagram of How a Case Moves Through the Courts.

What does motion mean in legal terms?

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case.

Is a motion the same as a pleading?

A pleading demands that the other party do something, while a motion requests that the judge in the case do something.

What does it mean to submit a motion?

A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.