If you want an early decision on your case, what course of action is available for you? To get early decision to a court case, you can request judge to issue a ruling or order on your lawsuit. The motion can be oral request or written document for a legal proceeding to the court. The request may be from either side, Plaintiff or Defendant
According to the Wikepedia, a legal motion is a procedural device in law to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge (or judges) to make a decision about the case.
Motions can be made for criminal, administrative or civil proceedings. Different judiciary has different court rules and technical requirements for moving the motion. The party seeking the motion in legal term is described as movant, which means moving party and party who opposes the motion is known as nonmovant meaning nonmoving party.
Motion is a legal document that mentions the grounds and states for bringing in the motion in the court for the decision. There are different types of the motions such as, Motion to dismiss, Motion for summary judgment, Motion to compel, Motion for a directed verdict, Motion for judgment n.o.v., Motion for new trial, Motion for nolle prosequi, Motion in limine, Motion to set aside judgment, Illegal motions etc. Even though there are numerous types of Motions, it can be broadly categorized in two types including hearing and non hearing. The difference between two lies with the rulings and if it is produced pursuant to a hearing or not.
It is necessary that any type of Motion should include various supporting documents along with moving papers, all supporting evidences (affidavits, exhibits etc.). It is also to be noted that Hear motions needs lawyers appearing before the court and argue orally for their respective positions regarding a motion. The court makes its ruling according after hearing the respective arguments of the attorneys. The attorney or court clerks records the ruling in a minute order or in written order.
Below given Motion template will guide you in introducing Motion for a decision or court ruling:
Motion template
MOTION FOR ____________________________
Plaintiff/Petitioner
Vs
________________________
________________________
________________________
Defendant Respondent Now comes __________________, the
Plaintiff/defendant/ petition /respondent, in this action who moves this Honorable Court as follows: __________________________________
NOTICE OF HEARING__________________________
(signature)
This Motion will be heard at the Probate & Family____________
Court in ________________________
(PRINT name)___________________
(city)___________________________
ON___________________________
(street address) __________________
(month/day/year) _________________
(city/town)_______________ (state)_____________ (time of hearing)__________
Date: _______________ Tel. No ______________
The within motion is herby ALLOWED-DENIED.
(some courts require a written order be filed with the motion)
__________________________________________________
__________________________________________________
Justice of the Probate & Family__________________________
Date ___________________________
Court
All motion my be served on the opposing party with a "Certificate of Service" essentially a letter swearing that it was delivered on such a date by such a method. Here is a sample of that to copy and paste for your use.
COMMONWEALTH OF MASSACHUSETTS
| Worcester. SS. |
DISTRICT COURT |
DOCKET NO.: ______________ |
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NAME, plaintiff, |
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v. |
Certificate of Service |
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NAME, defendant. |
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CERTIFICATE OF SERVICE
I, _____________________ hereby certify that on the ________ day of
________________ 20___, I served a copy of this in person upon plaintiff’s attorney by mail to his office at:
Attorney (or party) name and address
Date: July, 12 2005
PRO SE ______________________
defendant name and address