11/24/2023 0 Comments Definition of motionMerely firing an employee for unfair reasons is not illegal thus a court may dismiss this complaint.Ī motion to strike asks the court to remove from the record inadmissible evidence or language in pleadings that is redundant, immaterial, impertinent, or scandalous. For example, a complaint alleges that an employer unfairly fired an employee but does not allege illegal discrimination or labor practices. This is known as making an amendment on the court's own motion.Ī motion to dismiss asks the court to dismiss an action because the initial pleading, or complaint, fails to state a Cause of Action or claim for which the law provides a remedy. Sometimes judges themselves take action on behalf of a party, such as changing or adding necessary language to a Pleading without a motion from a party. Motions for mistrial-made when courtroom proceedings are fraught with errors, inadmissible evidence, or disruptions so prejudicial to a party's case that justice cannot be served-often are made orally. When that happens, the attorney must object and move the court to strike the inadmissible testimony from the record. Witnesses sometimes give inadmissible testimony before an attorney can object. A common oral motion occurs during witness testimony. Oral motions frequently occur during trials, when it is impractical to draft a written motion. Under some circumstances motions can be made orally. The judge's decision on the motion is called an order. At a motion hearing, each party has an opportunity to argue its position orally, and the judge can ask specific questions about the facts or the law. In the alternative, the judge may schedule a hearing. Once the judge receives the motion, he or she may grant or deny the motion based solely on its contents. The motion may also request that the issue be addressed at a hearing before the judge with all parties present. The written motion briefly explains the nature of the lawsuit, describes the efforts made by the defendant to get the plaintiff to submit to a deposition, addresses any known reasons for the plaintiff's failure to cooperate, and recites the statute that permits the taking of depositions in civil litigation. The defendant therefore files a motion with the court to compel in an effort to compel the plaintiff to attend the deposition. A motion almost always contains a recitation of the facts of the case or the situation prompting the movant to make the request.įor example, suppose that a plaintiff in a lawsuit has refused to submit to a deposition-questioning under oath-by the defendant. A written motion may contain citations to case law or statutes that support the motion. Written motions specify what action the movant is requesting and the reasons, or grounds, for the request. judicial system, procedural rules require most motions to be made in writing and can require that written notice be given in advance of a motion being made. The applicant is known as the moving party, or the Movant. A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant.
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