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tesla2010

03/18/10 6:25 PM

#161693 RE: scion #161692

Perhaps a definition would help:

A motion is a written request made by a party in a legal proceeding to the court. It is a formal document that outlines and states the grounds for the request being made of the court. Motions are subject to a variety of technical requirements which vary between jurisdictions. The person submitting the motion is called the movant. There are lots of different types of motions but they generally can be categorized as being one of two types—hearing or non-hearing. As the names of the categories suggest, the difference lies in whether the ruling is produced pursuant to a hearing or not.

Whether a motion is a hearing or non-hearing motion, it will generally include various documents including the moving papers or written memoranda and supporting evidence such as affidavits and exhibits. Hearing motions have the added step of having the attorneys appear before the court to orally argue for their respective positions on the motion.

Whether the motion is a hearing or non-hearing motion, the court will answer the motion by making a ruling. That ruling is generally documented in a minute order or written order produced by either the court clerk or one of the attorneys.