A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Understanding New Hampshire's General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion Introduction: In legal proceedings, a motion of defendant plays a crucial role in shaping a case's outcome. In New Hampshire, defendants can use the General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion to present their requests or arguments before the court. This article aims to provide a detailed description of this form, its purpose, and any potential variations that may exist within New Hampshire's legal framework. I. Overview of the General Form of a Motion of Defendant: The General Form of a Motion of Defendant serves as a formal mechanism for defendants to convey specific requests or arguments to the court. Defendants employ this form to seek relief, whether it involves dismissing a case, requesting additional time, seeking a change in venue, or presenting other legal arguments pertinent to their defense. It is crucial for defendants to understand the components and requirements of this form to effectively present their case before a judge. II. Components of the General Form of a Motion of Defendant: 1. Caption: The form must include the case's caption, consisting of the court's name, the names of the parties involved, the case number, and the title of the motion. 2. Title: The title should clearly indicate the purpose of the motion, such as "Motion to Dismiss," "Motion for Additional Time," or "Motion to Change Venue." 3. Introduction and Background: Defendants should provide an introduction explaining their role in the case, followed by a brief background summarizing the relevant facts and legal issues. 4. Statement of the Motion: Defendants must clearly articulate their request or argument, ensuring it is concise, specific, and logically presented. They should provide legal reasoning to support their motion with references to applicable statutes or case precedents. 5. Supporting Affidavits: Defendants may attach supporting affidavits, which are written sworn statements attesting to the truth of certain facts relevant to the motion. These affidavits strengthen the defendant's arguments and provide evidence to support their claims. 6. Notice of Hearing: The form should include a Notice to Plaintiff of Hearing on Motion, notifying the opposing party and the court of the hearing date, time, and location. This notice allows the plaintiff an opportunity to respond to the motion and participate in the hearing. III. Types of New Hampshire General Forms of a Motion of Defendant: 1. Motion to Dismiss: Defendants may file a Motion to Dismiss to request the court to dismiss the case, usually for reasons such as lack of jurisdiction, improper service of process, failure to state a cause of action, or other legal grounds. 2. Motion for Additional Time: Defendants might file a Motion for Additional Time to request an extension for filing a responsive pleading, conducting discovery, or performing other necessary legal actions. This motion demonstrates recognition of the importance of procedural fairness. 3. Motion to Change Venue: In certain circumstances, defendants may file a Motion to Change Venue to request relocation of the trial to a different jurisdiction. This motion is typically filed when the current venue may pose challenges in obtaining a fair trial or when the case's interests would be better served elsewhere. Conclusion: The General Form of a Motion of Defendant is a valuable tool for defendants involved in legal proceedings in New Hampshire. By ensuring compliance with the form's requirements and understanding the different types of motions available, defendants can effectively communicate their requests or arguments to the court. This document serves as a stepping stone towards ensuring their legal rights are protected and receiving a fair resolution to the case.
