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.
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.
Brief: A written statement submitted to a court that explains a party's factual and legal arguments in support of a motion. Civil case: A legal action where a plaintiff seeks some sort of relief from a defendant.
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.
This court rule is essential because if the judge grants the motion for summary judgment, the court makes decisions about the facts of the case at trial. It produces a resolution without oral arguments. If the court denies the motion, the judge or jury resolves the factual dispute.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
A Brief in support of motion is a written explanation of why you, the moving party, should have your motion granted. A Brief takes the rules and laws that support your request and explains how they apply to the facts of your particular situation.
The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.