A cross motion is a request made to the court that opposes an existing motion. Specifically, it asks the court to deny the original motion and instead grant an alternative request. For example, if one party files a motion for summary judgment, the opposing party may file a cross motion to deny that request and seek a different outcome, such as dismissal of the case or a ruling in their favor.
Cross motions are commonly used in various legal contexts, including civil and family law cases. They allow parties to respond to motions filed by their opponents while simultaneously seeking relief from the court. Users can often manage these motions themselves with the right legal templates, such as those offered by US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a divorce case, one spouse files a motion for sole custody of their child. The other spouse files a cross motion requesting joint custody instead, arguing that shared parenting is in the child's best interest.
Example 2: A plaintiff files a motion for summary judgment in a personal injury case. The defendant responds with a cross motion asking the court to deny the summary judgment and instead seek dismissal based on lack of evidence. (hypothetical example)
| State | Cross Motion Rules |
|---|---|
| California | Cross motions must be filed within a specific timeframe after the original motion. |
| New York | Cross motions are permitted but must include supporting affidavits. |
| Texas | Cross motions may require a separate hearing date. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Motion | A request made to the court for a specific ruling. |
| Opposition | A response to a motion that argues against it, but does not propose an alternative request. |
| Counterclaim | A claim made by a defendant against a plaintiff in response to the original claim. |
If you find yourself needing to file a cross motion, start by reviewing the original motion carefully. Prepare your arguments clearly and ensure you meet any deadlines set by the court. Consider using US Legal Forms for templates that can help you draft your motion effectively. If the situation is complex, consulting a legal professional may be beneficial.
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A motion requests a specific ruling from the court, while a cross motion opposes that ruling and seeks an alternative outcome.
