What Is A Motion?
In every legal situation, there is a process known as a motion that takes place on behalf of one of the parties involved in the case. A motion is an application to the court, by a litigant, for some kind of monetary relief.
This monetary relief would be requested in situations such as, for example, one person claiming that they need money to support themselves or their children. Another possible situation is that you might need some kind of asset turned over to you because it wasn’t turned over to you in the divorce. Motions are made either before the divorce, or even after the divorce so that parties can get what they’re entitled to, and requested of the judge if you cannot settle the matter to get that item. Motions can also be filed for custody of a divorcing couple’s child or children.
Some motions require a hearing by a judge while others do not. Motions are looked at by the court on a case by case basis because the circumstances surrounding the motion are usually different. For motions that do not require a hearing, the decision of the court is made simply on the documents that are submitted to them such as legal briefs, affidavits and any other potential documents that could assist in the motion. If a motion does require a hearing, the attorneys of both the defendant and the plaintiff involved in the case have to appear in court to either argue against or defend the motion that has been filed.
If you have any further questions about how to file a motion or what is necessary to do when a motion is filed against you, contact an experienced attorney that is familiar with your case.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.