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What is Motion? A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
The term "motion" can refer to various concepts depending on the context. In legal terms, a motion is a formal request made to a court or jury by a party involved in a case, typically seeking a specific ruling or order related to the proceedings. In parliamentary contexts, a motion represents a proposal put forward by a member for discussion and approval. More generally, "motion" can also indicate movement, gestures, or changes in position.
Table of content
Legal Use & context
In legal practice, motions are crucial in various areas, including civil, criminal, and family law. They can be used to request a variety of actions, such as dismissing a case, compelling evidence, or changing custody arrangements. Users can often manage these requests themselves by utilizing legal templates from resources like US Legal Forms, which provide the necessary forms drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A plaintiff in a civil lawsuit files a motion for summary judgment, asking the court to rule in their favor without a trial based on the evidence presented.
Example 2: In a family law case, one parent files a motion to modify child custody arrangements due to a change in circumstances, such as a new job or relocation. (hypothetical example)
State-by-state differences
State
Motion Types
Filing Requirements
California
Common motions include motions to compel and motions for summary judgment.
Must include a notice of motion and supporting documents.
New York
Includes motions for default judgment and motions to dismiss.
Requires a notice of motion and affidavits.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Motion
A formal request to a court for a ruling.
Specific to court proceedings.
Pleading
A formal written statement of a party's claims or defenses.
Pleadings are broader and include motions.
Order
A directive issued by a court.
An order is the result of a motion.
Common misunderstandings
What to do if this term applies to you
If you need to file a motion, start by identifying the specific request you want to make and gather the necessary documentation. Consider using legal form templates from US Legal Forms to simplify the process. If your situation is complex or if you are unsure about the legal requirements, consulting a legal professional is advisable.
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