What is the purpose of a motion in civil litigation?

A motion in civil litigation is a formal request made to the court by either the plaintiff or defendant. Its purpose is to ask the court to take action on a particular issue in the case. For example, a defendant might file a motion to dismiss the case if they believe there is not enough evidence to prove the plaintiff’s claim, or the plaintiff might file a motion for a summary judgment if theys believe the defendant should not be able to raise any further legal defenses in the case. Other motions address procedural issues, such as the timing of the trial or the discovery that must occur during the pre-trial process. Courts consider filings for these types of motions and decide whether they should be granted or denied. If a motion is granted, this means that the court agrees with the requesting party’s arguments and will order the opposing party to act in accordance with the motion. In New Jersey, courts are bound by the rules of civil litigation to conduct fair and impartial hearings, consider all the facts and evidence, and to make decisions in accordance with the law. Motions are the mechanism by which the parties can bring certain issues to the court’s attention, allowing them to present evidence and arguments to the court and ask for a ruling. This helps ensure that all legal issues are addressed before a trial takes place.

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