Define: Cross-Motion

Cross-Motion
Cross-Motion
Quick Summary of Cross-Motion

A cross-motion occurs when one party in a legal case requests something similar to what the other party has requested. For instance, if one party requests a summary judgement, the other party may file a cross-motion seeking the same outcome. It can be seen as a competition to determine which party will achieve their desired outcome from the court.

Full Definition Of Cross-Motion

A cross-motion refers to a request for relief or orders that are similar to those requested by another party against the cross-moving party. It can be either written or oral and is made to the court in order to obtain a specific ruling or order. For instance, if one party files a motion for summary judgement, the opposing party may file a cross-motion for summary judgement. This means that both parties are seeking the same relief from the court, but they present different arguments or evidence to support their respective positions. This example demonstrates how a cross-motion is a competing request for relief or orders that are similar to those requested by another party. In this scenario, both parties are seeking a summary judgement, but they present different arguments or evidence. The court will review both motions and make a decision based on the evidence presented by both parties.

Cross-Motion FAQ'S

A cross-motion is a legal document filed by the opposing party in response to a motion filed by the other party. It is a request for relief or a different outcome than what the original motion sought.

A cross-motion can be filed after the opposing party has filed a motion in a legal case. It must be filed within a certain timeframe, usually within 21 days of receiving the original motion.

The purpose of filing a cross-motion is to request a different outcome than what the original motion sought. It allows the opposing party to present their own arguments and evidence to support their position.

After a cross-motion is filed, the court will review both the original motion and the cross-motion and make a decision based on the arguments and evidence presented by both parties.

Yes, a cross-motion can be filed in any type of legal case, including civil, criminal, and family law cases.

Yes, there is usually a fee for filing a cross-motion. The fee varies depending on the court and the type of case.

Yes, a cross-motion can be withdrawn at any time before the court makes a decision on the motion.

If the court grants the original motion but denies the cross-motion, the outcome of the case will be based on the original motion.

Yes, a cross-motion can be filed without an attorney, but it is recommended to seek legal advice before filing any legal documents.

A cross-motion should include a statement of the relief requested, the legal basis for the relief, and any evidence or arguments in support of the request. It should also be filed within the required timeframe and include any necessary fees.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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