What Is A Motion?

You may hear your attorney say – I’ll file a “Motion”.  So, what is a “motion”?

A motion is a document which is filed, with the Court, that basically: (1) requests something to be done; or (2) requests that something not be done.  The motion’s requests can be a combination of requesting something to be done and a request that something not be done.

Typically, when a motion is filed, it also will include: (1) An Affidavit from you; and (2) An attorney’s affidavit.  Many times, it will also include “exhibits”. 

If the Affidavit is from you, that means you are swearing to the truth of what is written in the document.  Your affidavit will usually have the “facts.”  In contrast, the attorney’s affidavit will usually have a combination of facts and legal arguments. 

For the most part, when reviewing your motion, the Court is limited to either granting your requests “in whole”, “in part”, or “denying the entire motion.”

After your attorney files the motion, your adversary will have an opportunity to oppose the motion.  Your adversary can also file a “cross-motion”, which means that in addition to opposing your motion, the adversary is now requesting something to be done (or that something not be done) as well.

There is also a special type of Motion, which is called an “Order to Show Cause”.  The main difference between an Order to Show Cause and a Motion, is in the presentation of the documents and in the timing of when each gets heard.

If you need legal representation and are getting divorced, please contact David Badanes and the Badanes Law Office, P.C.  David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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