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LSDefine

Simple English definitions for legal terms

incidental motion

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A quick definition of incidental motion:

Incidental motion refers to any movement that happens unintentionally or as a side effect of something else. In legal terms, it can also refer to a request made during a court proceeding that is not directly related to the main issue being discussed. For example, a lawyer may make an incidental motion to ask for more time to prepare their case or to clarify a point that was not fully addressed.

A more thorough explanation:

Incidental motion refers to any motion that is made during a court proceeding that is not directly related to the main issue being discussed. It is a type of motion that is made in passing or as a side note to the main topic at hand.

  • Calendar motion: A motion made to change the date or time of a court appearance.
  • Cross-motion: A competing request for relief or orders similar to that requested by another party against the cross-moving party.
  • Omnibus motion: A motion that makes several requests or asks for multiple forms of relief.

These examples illustrate how incidental motions are made during a court proceeding but are not directly related to the main issue being discussed. They are often made to address administrative or procedural matters that arise during the course of the case.

incidental main motion | incidental power

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