During the course of a lawsuit, both the litigant and the sued party have a right to seek a court order from the judge. A motion for a court order gets made in an effort to keep the process moving forward.
Who responds to a request for a court order?
That response can come from either the judge or the master of the court.
Process used for making a motion
The moving party directs the motion at the responding party. The moving party must develop a Motion Record. That needs to contain a notice of motion, a sworn affidavit, copies of the record, and the original motion record. The Motion Record states the relief sought. It also provides grounds for that request, and offers evidence in support of the motion. The responding party has 4 days in which to produce a responding motion record.
Types of Responses
• Opposed motion: This is made when a motion from the moving party has been rejected.
• Motion with consent: This shows that the responding party agrees to the request that was made by the opposite (moving) party.
• Unopposed motion: This indicates that the responding party agrees with the relief sought in the moving party’s request.
Possible times for introduction of a motion
A motion’s introduction might be made in order to request extension of the time that is normally allowed by the court. For example, lawyers use motions to seek the extension of a statute of limitations, if their injured client has failed to reach a state of maximum medical improvement (MMI) before the start of scheduled negotiations for a settlement.
Personal Injury Lawyer in Fredericton could use a motion to amend a pleading. The litigant of a personal injury lawsuit presents pleadings to the court. That presentation takes place at the start of the lawsuit. As the same lawsuit proceeds, the litigant might decide to change some of the material in the pleadings. Introduction of a motion creates an opening for such changes.If the litigant wanted to add something to a claim, or if a defendant wanted to add something to a defense, a motion could be made.
The lawyers for either side could submit an appeal to the judge, as a lawsuit was taking place. Following introduction of an appeal, the attorney on the opposing side might feel that the other side lacks grounds for an appeal. That same lawyer cannot stand up in the courtroom ad object to the actions taken by the opposing lawyer. Still, that particular attorney does have the right to make a motion. In other words, any lawyer that represents one of the 2 sides in a lawsuit has the right to overthrow an appeal by introducing a motion.