Define: Pending Motion

Pending Motion
Pending Motion
Quick Summary of Pending Motion

A pending motion refers to a formal request made to a court for a specific ruling or order. It can be presented in written or oral form, and there are various types of motions depending on the circumstances. Certain motions are straightforward and can be easily granted, while others may be disputed or necessitate further examination. A motion can be initiated by one party or in response to a request from another party. When a motion is pending, it indicates that the court has not yet reached a decision on the request and is still deliberating on it.

Full Definition Of Pending Motion

A pending motion refers to a request made to a court, either in written or oral form, seeking a specific ruling or order. It is a motion that has been filed but is yet to be determined by the court. A calendar motion pertains to the timing of a court appearance, such as a motion to postpone, advance, or reschedule. A motion to modify is a post-final-decree motion that asks the court to alter one of its previous orders, such as a request to change child support or visitation. An omnibus motion is a motion that encompasses multiple requests or seeks various forms of relief. These examples demonstrate the diverse applications of a pending motion in different legal contexts, such as family law or civil procedure. They highlight that a pending motion is a request that has been submitted to the court but is still awaiting a decision.

Pending Motion FAQ'S

A pending motion refers to a formal request made by one party in a legal case to the court, asking for a specific ruling or action. Until the court makes a decision on the motion, it remains pending.

The time it takes for a pending motion to be resolved can vary greatly depending on the complexity of the issue, the court’s schedule, and other factors. It can range from a few weeks to several months.

Yes, you can file a new motion while another motion is pending. However, it is important to consider the timing and relevance of the new motion to avoid unnecessary delays or confusion in the case.

Yes, a pending motion can significantly impact the outcome of your case. If the court grants the motion, it may result in a dismissal, a change in the legal strategy, or other significant consequences.

In most cases, you can withdraw a pending motion by filing a formal request with the court. However, it is important to consult with your attorney to understand the potential implications of withdrawing the motion.

Generally, you cannot appeal a decision on a pending motion since it is not a final judgment. However, if the court’s ruling on the motion has a significant impact on your case, you may be able to seek an interlocutory appeal.

Yes, a pending motion can delay the trial. If the motion raises a significant legal issue that needs to be resolved before proceeding with the trial, the court may postpone the trial until the motion is decided.

Yes, you can request a hearing on a pending motion to present arguments and evidence in support of your position. However, the court has the discretion to grant or deny the request based on the circumstances of the case.

Yes, the opposing party can file a response to a pending motion. This allows them to present their arguments and evidence opposing the motion and provide the court with their perspective on the matter.

Yes, a pending motion can be resolved without a court hearing if both parties agree on the outcome or if the court determines that a hearing is unnecessary based on the written submissions. However, in more complex cases, a hearing is often required to fully address the issues raised in the motion.

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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: 17th April 2024.

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