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.
When a motion is granted, it means the court has approved the request made by one of the parties involved in the case, often leading to significant implications for the outcome of the legal proceedings.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.
A motion is a formal proposal by a member to do something. Motions are the basis of the group decision-making process. They focus the group on what is being decided. Generally, a motion should be phrased in a way to take an action or express an opinion.
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.
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
Dockets contain information about the judge hearing the case, parties involved, attorneys involved, the events of a case, and more. Dockets are generally more useful for researching trials. Because trials may last many years, and involve many events the dockets are important for locating information about cases.
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.