Chapter 7 Flashcards
motion
a request of the court which is written unless it is done during trial where it can be spoken. looks like a pleading and must be served on opposing parties
movant
a person who makes a motion aka moving party
notice of hearing on the motion
the part of a written motion that describes the nature of the motion being made and tells when and where a hearing on the otion will occur
declaration
a statement under penalty of perjury that certain facts are true or believed to be true
a motion contains
the motion, the notice of hearing on the motion. affidavits in support of the motion.a memorandum of points and athorities in support of the motion
memorandum of points and authorities
a legal argument in the form of a discussion r analysis of the law that applies to the case
ex parte
with only one side present
order shortening time
a ruling from the court often in connection with motions allowing a moving party to give less notice of a hearing on a motion than is required by statue
proof of service
verification that a pleading motion or other document has been served a copy of the document to another party or attorny
order
a written command or direction given by a judge
pretrail motions
deal with issues or problems that arise before the trial occurs most often deal with requests that are ancillary to the primary relief requested in the complaint
motion for more definite statement
(prm) a motion made in response to a complaint in which the defendant challenges the clarity or specificity of the complaint
motion to dismiss
a request that the court terminate the lawsuit immediately without a hearing on the merits of the plaintiffs claim often made in lieu of an answer and if granted eliminates the need for an answer
motion to strike
(prm) a request made to the court to delete part or all of the pleadings; can also refer to a request made during trial to delete testimony
motion to amend
(prm) a request by one party to the court to allow a change in the content of a pleading