Categorized | Litigation Practice

Litigation Fundamentals: Motion Practice

Posted on 13 May 2008

One of our goals for this blog is to make it a place where new litigators can go to learn the stuff (or some of the stuff) that nobody tells you when you are starting out.

So, to that end, the first topic I want to talk about is motion practice. Here’s what I wish somebody had told me.

Let’s start with a definition. A motion is

  1. a request (aka an “application”),
  2. to a court,
  3. for an order

See, e.g. Cal. Code Civ. Proc. 1003

Del. Ch. Ct. R. 7(b)(1)
An application to the Court for an order shall be by motion

A motion is an application for an order, NY CPLR 2211.

More to come soon on motions!

This post was written by:

sreditors - who has written 2 posts on SmartRules Blog.


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