Motion

When a party's counsel (attorney) makes a motion in a legal, s/he is formally requesting that the judge agrees to something, or more specifically, makes a ruling or decision.

Motions may be for the continuance, or postponement of a trial (normally because a witness is not available, a piece of evidence is in question, or a party needs time to prepare a stronger argument). An attorney may make a motion to modify a court order, or for the judge to make a ruling on a temporary basis. A defendant's counsel may move for dismissal of a case, usually on grounds of demurrer - in other words, s/he believes the plaintiff has no grounds for action. If it is determined that evidence or testimony has been introduced improperly or illegally, an attorney may move for mistrial, meaning that that the case is declared invalid and will have to be retried.

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If you are a fan of television programs such as Boston Legal, Law and Order or even Perry Mason, you may often hear one of the attorneys say "move to strike" when a witness is giving testimony. In this case, the attorney is making a motion that the witness' remark be eliminated from the court record and that the jury (if there is one) be instructed to ignore it.

The fact is that motions can be made for virtually hundreds of purposes. The example given in the previous paragraph is of an oral motion, which is usually permissible in the course of a trial. However, it is more common to provide a written statement, called a petition, to the court or opposing counsel which outlines the legal grounds for such an action (technically known as points and authorities).

Mesothelioma & Asbestos Related Glossary of Legal Terms

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