Motion

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For the application of the word "motion" in physics, see Newton's Laws of Motion.

A motion is an application made to a court or judge which requests a ruling or order in favor of the applicant.

It is a request by a litigant to a judge for a decision on an issue relating to the case.

Contents

Example

In New Jersey state court, Rule 1:6-3 establishes the requirements for filing and serving motions:[1]

(a) Motions Generally. Other than an ex parte motion and except as otherwise provided by R. 4:46-1 (summary judgment) and R. 5:5-4(c) (post judgment motions), a notice of motion shall be filed and served not later than 16 days before the specified return date unless otherwise provided by court order, which may be applied for ex parte. Thus, for example, if the return date of the motion is a Friday, the motion must be filed and served not later than the Wednesday, 16 days prior. If a motion is supported by affidavit or certification, the affidavit or certification shall be filed and served with the motion. Except as provided by R. 4:49-1(b) (motion for new trial), any opposing affidavits, certifications or objections filed pursuant to R. 1:6-2 shall be filed and served not later than 8 days before the return date unless the court relaxes that time. Thus, for example, if the return date is on a Friday, any response must be filed and served no later than Thursday of the prior week. Reply papers responding to opposing affidavits or certifications shall be filed and served not later than 4 days before the return date unless the court otherwise orders. Thus, for example, such papers must be filed and served on Monday for a return date of the following Friday. No other papers may be filed without leave of court. ...

Reference

  1. This is as of Jan. 2008 and, like all court rules, is subject to change.

See also

External links

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