What is a Motion Hearing?
How do you legally define it?
What are the important elements you should know!
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Table of Contents
Understanding Motion Hearing
A Motion hearing is when a motion or a legal request made to court is heard by a judge.
When a party to a lawsuit or legal action submits a request to the court for a judge to hear a particular issue and render a judgment on it, that’s a motion hearing.
Parties involved in a lawsuit or dealing with justice have a right to submit their issues or dispute to the court and be given the opportunity to be heard.
In essence, motion hearings are court procedures providing for a person’s fundamental right to seek remedy, rule or order from the court on a particular matter.
Motion Hearing definition
What is a motion hearing in court?
Motion hearing when a judge or the court hears a party to a legal action who has filed a motion for the judge to consider and rule upon.
In most cases, motions are submitted before trial to deal with procedural matters or preliminary issues.
How does it work
What happens after a motion is filed in court or what happens at a motion hearing?
Essentially, although each court will have its own governing procedural laws, in most cases, a party will submit a motion to the other party along with a notice of motion and files the same in the record of the court.
If the other party intends to oppose the motion, it will file its written response providing the basis or grounds why it is raising a challenge.
When the court has received the moving party’s motion and the contestation from the other side, a judge may either render a judgment on the written pleas or call the parties to a hearing.
If a hearing is called, that’s when we have reached the motion hearing.
The objective of the motions hearing is to give the parties the opportunity to present their positions and provide the factual or legal arguments why the court should side with them.
Ultimately, the judge will have to decide whether to grant the moving party’s motion in full, partially or to deny it.
The decision rendered by the judge is called a judgment, order or ruling.
Notice of Motion Hearing
A notice of motion hearing is when the parties to a lawsuit or legal action receive a notification that a hearing is scheduled or required for their case.
During a motion hearing, the judge has the opportunity to hear the parties’ oral arguments to better appreciate the underlying facts or legal arguments.
Example
Let’s look at an example when a motion hearing.
A party files a civil lawsuit against another for damages.
Following the depositions, the plaintiff uncovers facts allowing it to include additional legal grounds to the complaint.
In that case, the plaintiff will file a motion to amend to pleading and provide notice of motion to the other party.
If the other party opposes the amendment request, the matter will go to a judge for determination.
A hearing will be heard for the plaintiff to justify why the court should authorize the amendment and the defendant will argue the opposite.
The judge will render a rule granting or denying the request.
Takeaways
So what does a Motion Hearing mean?
Let’s look at a summary of our findings.
Motion Hearing:
Related legal terms
Brady motion
Cross motion
Daubert motion
Emergency motion
Ex parte motion
Motion for disclosure
Motion for judgment on the pleadings
Motion for Relief from Stay and Abandonment
Motion for Relief From the Judgment
Motion for Revision
Motion for Substituted Service
Motion for Summary Judgment
Motion Hour
Motion in Arrest of Judgment
Motion in Bar
Motion in Limine
Motion Picture
Motion practice
Motion to compel
Motion to lift the automatic stay
Pretrial motion
Related legal questions
What is a motion
What is a hearing
How to file a motion
What is a motion for protective order
What does motion denied mean
