Illinois Motion is a type of motion used in some legal proceedings. It is a motion made by an attorney that requests the court to either dismiss a case or to decide an issue or fact without the need for a trial. There are three main types of Illinois Motion: a motion to dismiss, a motion for summary judgment, and a motion for directed verdict. A motion to dismiss is a request to dismiss a case because there is no legal basis for the case or because the facts do not support the claims made. A motion for summary judgment is a request to decide the case without a trial because the facts are not in dispute and the attorney believes the law supports their client’s case. A motion for directed verdict is a request for the court to decide the case in favor of one of the parties without a trial because the evidence is so one-sided that a trial is unnecessary.
Illinois Motion
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FAQ
Motion clarification is the process of requesting the court to provide clearer guidance on its previous decision. Often referred to in Illinois motion practice, this action helps eliminate misunderstandings among parties. A successful motion clarification contributes to a more transparent judicial process, enhancing legal outcomes for all involved.
Your motion/petition must include a Notice of Motion, which must be filed with the Clerk of Court. The notice of motion will state the name of the case, case number, name of your motion and the date, time and place for hearing (including the name of the judge), and a brief description of your motion or petition.
You can file a written response to the Motion with the clerk of the appellate court. Generally, you must file the response within 5 days after you receive the motion by email or personal service, or 10 days after you receive the motion by mail.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
A motion is a written request to the court to ask for a decision. There are many reasons to file a motion. Motions ask the court to enter an order to ask for the court's permission to do something or to require the other side to do something.
If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.