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Home » Law Dictionary » M » MOTION

MOTION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) During a lawsuit or litigation, it is one party’s request to the court for an order or action of a certain kind. Motions may be written or oral. (B) During a lawsuit, one of the parties requests that the judge make a decision (an order or ruling) so as to resolve some procedural or other issue that may have arisen during the course of the litigation. A motion can be written or oral and can be made before, during or after trial. In common form, one party submits a written motion to the court after which the other party may file a written response, followed by a hearing in court where each side may present a short oral argument. The court later rules, deciding whether to approve or deny the motion, most of which cannot be appealed until after the case is over. (C) practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court, which he thinks becomes necessary in the progress of the cause, or to get relieved in a summary manner, from some matter which would work injustice. 2. When the motion. is made on some matter of fact, it must be supported by an affidavit that such facts are true; and for this purpose, the party’s affidavit will be received, though, it cannot be read on the hearing.

Law Dictionary – Alternative Legal Definition

In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and wholly unconnected with plenary proceedings. A motion is a written application for an order addressed to the court or to a Judge in vacation by any party to a suit or proceeding, or by any one interested therein. Rev. Code Iowa 1880, i 2911; Code N. Y. 5 401.
In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. Motion for deeree. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722. Motion for lodgment. In English practice. A proceeding whereby a party to an action moves for the judgment of the court in his favor. See Sup. Ct. Rules 1883, ord. 40. Motion in error. A motion in error stands on the same footing as a writ of error; the only difference .is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, 21 Conn. 283. Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action. Special motion. A motion addressed to the discretion of the court, and which must be heard and determined; as distinguished from one which may be granted of course. Merchants’ Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444.

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  • MOTION IN LIMINE
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  • CASE
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