What is the process of filing a motion?
The process of filing a motion in the state of Delaware begins when a party who wishes to start a civil action completes the necessary forms. This includes the complaint form, which is the party’s statement of their cause of action against the other party or parties. The complaint includes the proposed order that should be granted as a result of the complaint. After filing the complaint, the party may choose to file a motion. Motions are requests for a judge or court to make a specific ruling or take some action. A motion might seek to dismiss certain claims, force a party to comply with discovery requests, or ask for summary judgment. In Delaware, motions must be filed with the court clerk and given to the other party or parties involved in the lawsuit. The motion must include a certification that the other party or parties were notified. The clerk will then set a hearing on the motion. At the hearing, the judge will hear arguments from both sides and will then make a ruling on the motion. Depending on the nature of the motion, the ruling could be in favor of the motioner, against the motioner, or both parties could be granted some relief. After the ruling is made, the motioner must follow through on the judge’s order.
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