What is a cross-motion?

A cross-motion is a motion that is filed in response to another party’s motion by the opposing party. It is usually submitted in court proceedings following the filing of a motion by the opposing party. Cross-motions are common in civil court proceedings. In the state of Kansas, cross-motions are utilized to allow parties to respond to the other party’s motion and present their own arguments to the court. As a result of filing a cross-motion, the opposing party then has the opportunity to file a reply Brief to the court to outline their arguments in response to the opposing party’s motion. Cross-motions can involve different types of motions, from discovery motions, such as requests to obtain evidence from the opposing party, to dispositive motions, which ask the court to decide an issue without the need for a trial. The purpose of filing a cross-motion is to give the court the opportunity to consider both parties’ arguments and make a decision with the benefit of both sides’ information. Cross-motions are often used in Kansas courts because they allow both parties to present their arguments and evidence while giving the court the opportunity to render a fair decision. It is important to note that when filing a cross-motion, the opposing party will have the right to file a reply brief, so it is important to be aware of the laws surrounding filing a cross-motion before doing so in court.

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