Motion Meaning in Black`s Law Dictionary

A term that describes an application for review of a court`s decision to determine whether an error was made. See Error. n. a formal application for an order or judgment addressed to a judge. Applications are constantly presented to the court for many purposes: continuation (postponement) of a trial to a later date, modification of an order, temporary child support, judgment, dismissal of the opposing party`s case, rehearing, sanctions (payment of the applicant`s costs or attorney`s fees), or dozens of other purposes. Most applications require a written request, written justification of the legal grounds for approving the application (often referred to as „points and authorities“), written notice to opposing counsel, and a hearing before a judge. However, during a trial or hearing, an oral application may be admitted. Example TLD: The lawyer filed an affidavit application to request a temporary assistance order pending the conclusion of the divorce proceedings. Communication of a formal nature from the person or company that made an application to the court to one or more parties whose hearing takes place on the date indicated in the notification. In the English practice of divorce and probate, if a party wishes to make an application, he must, in addition to other documents, file an application containing a summary of the procedure in the application or claim, an explanation of the circumstances on which the application is based and the prayer or nature of the judgment or order sought. Browne. Department 251; Browne, Prob.

Pr. 295. (A) In the course of a dispute or litigation, it is a request by a party to the court for an injunction or action of a particular nature. Requests may be made in writing or orally. (B) In the course of a dispute, one of the parties asks the judge to make a decision (order or decision) to resolve a procedural or other issue that may have arisen in the course of the dispute. A request may be made in writing or orally and may be made before, during or after the hearing. In the usual form, one party submits a written request to the court, after which the other party may submit a written response, followed by a hearing at which each party may present a brief hearing. The court then decides whether to approve or reject the application, most of which can only be challenged after the case has been closed. (c) Practical. An application by one of the parties to a case or his or her counsel to a court for a rule or order of the court that he or she considers necessary for the conduct of the case, or to be summarily discharged from a matter that would cause injustice.

2. If requested. is based on a fact, it must be supported by an affidavit attesting that those facts are true; For this purpose, the party`s affidavit is accepted, but it cannot be read at the hearing. Practice. An occasional request by the parties or their counsel to a court for a rule or order that becomes necessary either in the course of a case or summarily and independently of the full court. An application is a written application for an injunction made by a party to a proceeding or by an interested person to the court or judge with leave. Rev. Code Iowa 1880, i 2911; N. Y. code 5,401. In parliamentary law.

A formal manner in which a member submits a proposal for action or resolution to the assembly for consideration and decision. Request for deer. According to Registry practice, the most common way to bring an action in court when the defendant has responded is to request a surrender. For that purpose, the plaintiff shall serve on the defendant notice of his intention to apply for an injunction. Jäger, suit Gl. 59; Daniell, chap. Public relations. 722. Application for application. In English practice. A proceeding in which a party to an action seeks the court`s judgment in his or her favour.

See Sup. Ct. Rules 1883, Ord. 40. An erroneous application is equivalent to an error; The only difference is that an erroneous application does not require service on the opposing party because, if it is before the court at the time of filing the application, it is obliged to take note of it at its own risk. Treadway v. Coe, 21 Conn. 283. Antrag auf Aufhebung des Urteils.

This is an action taken by a party to the proceedings who is not satisfied with the judgement that will be rendered at trial. An application that is at the discretion of the court and must be heard and decided; as opposed to the one that can be granted, of course. Merchants` Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444.

An occasional request by the parties or their counsel to a court for a rule or order that becomes necessary either in the course of a case or summarily and independently of the full court. Citizens` St. R. Co. v. Reed, 28 Ind. App. G29, 63 N.

E. 770; Low v. Cheney, 3 IIow. Prac. (N.Y.) 2S7; People v. Ah Sam, 41 Cal. 045; In re Jetter, 78 N. Y. 601. An application is a written application for an injunction made by a party to a dispute or proceeding or by an interested person to the court or judge with leave. Rev.

Code Iowa 1SS0, The free and voluntary act of a party itself, performed without the suggestion or influence of another person, is performed as a mere application, ex mcro motu, (q. v.) Chestnut. This is referred to as interference by the courts, which may complain ex officio about an irregularity in the proceedings, even though the plaintiff or defendant has not objected to the informal nature of the action. 3 puppy. Gène. Pr. 430. Soutenu par Black’s Law Dictionary, Free 2nd ed., et The Law Dictionary.

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