What is a cross-motion?

A cross-motion is a type of motion that is filed by a defendant or plaintiff in court in South Carolina. Cross-motions are typically used in cases in which both sides of the case have facts or arguments on their side. Cross-motions allow both sides to request a ruling from the court on the same issue. For example, if both sides of the case agree on a certain interpretation of the law, both sides may file a cross-motion asking the court to rule in their favor. A cross-motion is different from an answer or a motion to dismiss. An answer is a response by a defendant to the plaintiff’s complaint which may either admit or deny the allegations in the complaint. A motion to dismiss seeks to end the case before a trial by arguing that there is no legal basis for the case. A cross-motion seeks to address the legal issues at issue in the case, and asks the court to rule in favor of one side or the other on a single issue. Cross-motions can be beneficial to both sides of the case, since they provide an opportunity to present arguments to the court on an issue and receive a ruling on that issue. By filing a cross-motion, the parties can often simplify the case by having less issues to litigate at trial.

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What is a cross-motion?

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