Motion
Request to a court for a desired ruling or order. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a case, but only after the initial complaint has been filed.
See, e.g., Motion to dismiss, Motion for summary judgment, Motion for judgment as a matter of law, Motion for directed verdict, and Motion in limine.
Definition from Nolo’s Plain-English Law Dictionary
A formal request that a judge enter a particular order or ruling in a lawsuit. An oral motion may be made during trial -- for example, to strike the testimony of a witness or admit an exhibit. Often, motions are made in writing, accompanied by a written statement explaining the legal reasons why the court should grant the motion. The other party has an opportunity to file a written response, and then the court decides whether to grant or deny the motion. The court may hold a hearing where each party can argue its side, or may decide the issue without a hearing.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:20 pm