What is the motion stage of civil procedure?
The motion stage of civil procedure is a process used in the state of Delaware to obtain a specific ruling from the court. This stage begins when a party files a motion, which is a request for the court to make a specific decision on an issue. The motion must be in writing, and must specify the relief requested by the party filing the motion. The party filing the motion must serve a copy of the motion on each other party, and must provide notice of the motion to the court. After the motion is served, the court sets a time for the parties to file responses and for a hearing. During the hearing, the parties present arguments to the court about why they believe the court should rule in their favor. The court will then decide the motion. That decision can be made immediately, or the court may take more time to consider the arguments presented by each party. The court’s decision is generally in the form of an order. This order states the court’s findings on the issues presented in the motion, and will lay out the next steps in the civil procedure process.
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