Are you familiar with the law term ‘motion’? We will assist you through every legal matter. Contact Malloy Law Offices, LLC today!
Have you ever heard of the law term ‘Motion’ in any particular way? Maybe you’ve heard the term from a previous lawyer, maybe you’ve heard the term used in a movie or a television show, or maybe this is your first time hearing about this term. In a court of law, motions are typically used for a request made upon the judge to decide some issue in the case or the case itself or they’re used to ask the judge to do something or to refrain from doing something.
A motion should not be confused with a pleading. Those are two totally different things. Additionally, the most common pretrial motions are discovery motions and dispositive motions, which would dispose of the case. Those are motions to dismiss or motions for summary judgement. Dispositive motions would dispose of all or some of the issues of the case. A discovery motion would be used to discover more information from the other party. This type of motion may be called a motion to compel.
On the other hand, a motion to dismiss is a request for a purpose of asking the court to end the issues or to dismiss the lawsuit outright. This is because the moving party, the party that files the motion, believes that there is no dispute of material fact and that they are entitled to judgement as a matter of law. Lastly, another type of dispositive motion is called a summary judgement motion. This would conclude the case on the merits and it would be filed before the trial judge and it would essentially tell the trial judge that there are no issues of material fact and dispute and that the case can be decided as a matter of law on its merits.
Now that you know the main differences. Keep in mind that motions don’t apply to everyone’s personal injury case. If you’re still confused and need extra legal help, It’s not uncommon or weird to reach out to a lawyer. It’s worse to feel helpless than to regret not trying. Here at Malloy Law Offices, LLC, we’re always here to guide our clients with any legal issue. If you would like to see how our lawyers handle these situations, click here to view more. Lastly, call (888) 607-8690 for a free consultation.