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Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by which one party seeks to gain information from the adverse party.
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
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.
A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
California Code of Civil Procedure 170.1 CCP states that a party to a civil or criminal case can try to remove a judge for cause. A peremptory challenge means that a party can file a motion to recuse and try to remove a judge on the basis that he/she is biased. Contact us for help.
A motion is a written request or proposal to the court to obtain an asked-for order, ruling, or direction.Courts usually have specific requirements for filing a motion, so either consult your attorney or look up the local court rules to understand what you will need as you move forward.
Generally speaking, a MOTION, is a request made to the Court to take some specified action or to compell a party to take some specified action, whereas an ORDER is the decree or decision of the Court.
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.
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.