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Simple English definitions for legal terms
notice of motion
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A quick definition of notice of motion:
Notice of Motion: A written notice that tells everyone involved in a lawsuit that someone has filed a motion or that a motion will be heard by the court at a specific time. A motion is a request made by one party to the lawsuit asking the court to make a decision on a particular issue. The notice of motion must be in writing and include a certificate of service, which shows that all parties involved in the lawsuit have been notified of the motion's filing. The party requesting the hearing or submission must provide notice to all parties involved in the lawsuit.
A more thorough explanation:
A notice of motion is a written document that informs all parties involved in a lawsuit that a motion has been filed or will be heard by the court at a specific time. It is a formal way of notifying everyone involved in the case about the upcoming motion.
For example, if a party wants to request a change in the trial date, they would file a notice of motion with the court. This document would inform all parties involved in the case that a motion has been filed and that a hearing will be held to consider the request.
Under the Federal Rules of Civil Procedure, a motion must be made in writing, and this requirement is fulfilled if the motion is stated in a written notice of the hearing on the motion. Additionally, all motions must include a certificate of service, indicating that the other parties to the suit have been given notice of the motion's filing.
Overall, a notice of motion is an essential part of the legal process, as it ensures that all parties involved in a lawsuit are aware of any upcoming motions and have the opportunity to respond or object to them.