Motions

What Is a Motion?

A motion brings a question in front of the judge for a decision. It asks the judge to answer a question about the case before the trial begins. A pre-trial motion sets the rules for trial. It may result in a rule about how the parties can gather evidence for the trial. A motion may even answer a question that’s so significant that it ends the case or coaxes the parties to reach a resolution to the case.

• Default Motion:The first step to preserve your client’s rights is to obtain a default judgment. Obtaining default against a party that has chosen to simply ignore your client’s lawsuit provides your client with many procedural advantages. Most importantly, however, a default judgment provides your client the opportunity and ability to preserve all relief sought against that party. Seeking default judgment is no easy task. The procedures by which default judgments may be obtained implicate a vast – and somewhat arcane – complex set of rules. Failing to follow just one of these rules will permit the defaulting party to set aside any default judgment obtained.

When can you get a default judgment?

The default process is initiated when a properly served summons and complaint to the defendant doesn't get a response. A defendant is ''in default'' in such a situation giving the plaintiff the right to initiate a step to obtain an entry of default against the defendant. Other situations viz; when the defendant does not provide a further response to discovery, for discovery abuses, or violating local court rules can lead to taking a default response against the defendant. However, two things need to be kept in mind: first, the defendant can still file pleadings or motions with the court while the defendant may technically be “in default,” until the court clerk enters the default
Second, in a situation when the defendant is represented by a counsel, or one is aware that the defendant has counsel, it is then an ethical obligation to warn the defendant and his/her counsel before a default entry is entered. In previous court decisions, failing to warn opposing counsel of a pending judgment proved a basis for setting aside any default judgment later on.

Neural IT Default Motion Structure A written application made to a Court to issue an order for specific action in favor of the applicant or contested issue for decision. A motion almost always contains a recitation of the facts of the case or the situation prompting the movant to make the request. Our legal experts are aware of all the essentials required to draft a “Notice of Motion,” followed by an “Affidavit in Support” of it and copies of any documents that support the request and would help the judge to decide in applicant’s favor.

Motions for Summary Judgment: In any action, a party may move for summary judgment as to any claim or defense as a matter of right at any time if no scheduling order exists and the case has not been assigned for trial. It is a way for one party to resolve their case without a trial. The party can ask for summary judgment for part of the case or the whole. We draft summary judgment along the lines, wherein we provide a bullet-proof strategy for responding counsel to resist summary judgment motions.

Why Firms Seek Summary Judgment

One can seek a summary judgment when the material facts of the controversy are not in dispute to any claims in the case including third party complaints, cross-claims, interpleader, counterclaims, and intervention. In cases where a summary judgment is granted, the ruling will state that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial.
The time for bringing a motion for summary judgment is after the pleadings are closed but within such time as not to delay the trial. Summary judgment may be intended to:

• Completely resolve a case (e.g., entry of judgment for plaintiff or defendants)
• Completely resolve a claim
• Completely determine the status of a particular party
• Resolve a particular claim’s application to a particular party
• Establish a fact or ruling applicable to the case as it is further adjudicated

Threshold Motion:

The threshold motion is drafted to determine whether an accident victim should be allowed to recover money for pain and suffering. Our medical-legal team drafts these threshold motions supported by a medical summary, which outlines the pain and suffering caused to the patient due to the accident. Based on medical records and treatment histories, it is determined whether the impairment caused by the injuries, can be considered permanent and if the impairment has affected the plaintiff's physical, mental, or psychological function.

What Is the Threshold Motion and How Is It Examined?

The threshold motion is an investigation by the court, to determine whether or not to reward the victim of a case to recover money for pain and suffering, which is also known as "general damages". The threshold may be a controversial test because in the case, the final decision of the court is considered after the sentencing. Thus, the court is able to recognize a large amount of money, but if the judge does not agree with this, the plaintiff will not be entitled to the amount of money awarded by the jury. The test examines the damage or the violation suffered by the plaintiff in one of three ways. Firstly, the judge must be convinced about the permanent impairment. Secondly, the judge must be convinced about the seriousness of the injury. It is a bit difficult way as it solely depends on the judge to determine the seriousness of the injury and the kind of effect it has on the plaintiff's work and family. Lastly, the impairment needs to be regarding an important physical, mental or psychological function.

• Affirmation & Opposition: There are two types of affirmation, affirmation in support and affirmation in opposition, which are explained below:
• The affirmation supports the request made in the leading document called a Notice of Motion issued by the court.
• An “Affirmation in opposition" explains why the other side is not entitled to receive what is demanded in the motion.
• Instructions To File Affirmation In Opposition/In Support:

The court can take action under the specific rule with the help of a motion. An affidavit or affirmation needs to be prepared to oppose or support a motion. The title of the submission must be appropriate and should be drafted on your own for affirmation in opposition or support of a motion.

• A statement made under penalty of perjury is affirmation. A licensed notary public of the state testifies an affidavit. The affidavit must be attached with relevant evidence if you are opposing a motion for summary judgement. Affidavits or affirmations from other people who have relevant information or knowledge about the motion can be attached for a better outcome of the motion.
• Submission of a memorandum of law is also applicable to highlight the facts of the case. However, the facts must be in affidavit or affirmation and not just mentioned in the memorandum of law. The affidavit and affirmation must include only facts and not references. Each defendant or his attorney must be provided with the memorandum of law along with affirmation or affidavit.
• You must make a copy of the paper that would be provided to the defendants. You can provide a single copy to several defendants with the same attorney. It is necessary to keep one copy of the papers for yourself as well.
• You can mail or personally hand over a copy to the defendants.
• Order to Show Cause:
• In the legal system, the proof is a court order that requires an individual or a legal entity to explain, justify, or prove something. In the U.S., courts frequently use orders to show it because it is a pre-trial hearing, that it should be heard without any of the usual schedule, such as when a temporary warrant is not required. In these cases, the judge needs more information before the court can make a decision.
• As a cause, the performance of the purchase order, also known as the cause, the performance of the regulation, which requires either an individual or a company to appear in court to explain why the court should not take the necessary measures in place. The court issues an order, at the request of the applicant, with the assistance, as well as providing the court with a certificate of authenticity or a certificate (affidavit of confirmed the statement with the mention of particular facts). The reasons to order is usually used in contempt of the court, to fight against it, in those cases in which a command, and in scenarios where time is of the essence.