In basic legal terms, a motion is a written request or proposal to the court to ask for a decision or permission to do something. Each and every court has its own set of rules, so it is important to fully understand how to file a motion properly.
How does filing a motion work?
Both the plaintiff and the defendant have the option to file a motion. More than one motion can be filed by each side, as long as a good reason for filing them has been given.
After completing the motion and filing it with the court, the other party will receive it in the mail and will need to respond. If the other side decides to oppose, a response can be filed and submitted opposing the original motion. However, filing a response is not mandatory, but doing it can be a good idea if the arguments raised by the opposing party would help the court in coming to its decision.
What is the difference between hearing and non-hearing motions?
There are hearing and non-hearing motions. The decision of whether there will be a hearing depends on the judge. However, it is possible to request a hearing for a motion. If a hearing is not requested or is not permitted by the court, the motion is decided by the court on „submission.”
In case of a non-hearing motion, the court is presented with a written submission along with evidence, or supporting affidavits. A decision will be made based on the submitted documents. For a hearing motion, the written submission is not the only requirement. The attorneys must appear in court to attend a hearing held in front of the judge. That it when arguments for or against the request will be presented. In some cases, testimony regarding the issue will be taken.
After the motion has been examined, the court will make a ruling and issue its order which will include an explanation for the decision.
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