What is a motion?

A motion is a request to the court for permission to do something in a case. In California, a motion is official if it is in writing and filed with the court. Usually, a motion is filed in order to ask the court to make a decision or take some sort of action on a legal matter. Common motions include a motion to dismiss, a motion to strike, a motion for sanctions, a motion for summary judgment, a motion for change of venue, and a motion for new trial. A motion to dismiss is a request to the court to dismiss part or all of a case for lack of evidence. A motion to strike is a request to the court to strike a certain piece of evidence or testimony from the record. A motion for sanctions is a request to the court to punish a party for breaking the rules or otherwise acting inappropriately. A motion for summary judgment is a request to the court that the case be decided without a full trial because the facts or the law make it clear which side should win. A motion for change of venue is a request to the court to move a case to another court. A motion for new trial is a request to the court to throw out the original verdict and start a new trial. Generally, when a motion is filed, a hearing is held in order to hear arguments on the motion and for the court to make its ruling. The court will then issue an order granting or denying the motion.

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