A substantive motion is a formal request presented in court seeking a specific ruling or order, and it can be either written or spoken. There are various types of motions, including those to modify or request a new trial. Some motions can be made without notifying the opposing party, while others are likely to be disputed. A speaking motion introduces new issues that have not been previously addressed.
A substantive motion refers to a written or oral request made in court that seeks a specific ruling or order. Unlike procedural matters, substantive motions directly pertain to the merits of the case. For instance, a motion for summary judgement is considered substantive as it asks the court to rule on the case’s merits. On the other hand, a motion to reschedule a court appearance is a calendar motion and not substantive since it only relates to the timing of the proceeding. Another example of a substantive motion is a motion to modify a court order, which seeks to change a previous ruling on child support or visitation. Such motions directly impact the case’s outcome and are not merely procedural matters.
A substantive motion is a formal proposal made during a legal proceeding that seeks to address and resolve a specific issue or matter.
While procedural motions deal with the rules and procedures of the legal process, substantive motions focus on the substantive issues and merits of a case.
Common examples of substantive motions include motions for summary judgment, motions to dismiss, motions for a new trial, and motions for injunctive relief.
The purpose of filing a substantive motion is to request the court to make a decision on a specific issue or matter that will impact the outcome of the case.
Typically, any party involved in a legal proceeding can file a substantive motion. This includes plaintiffs, defendants, and sometimes even third parties with a legitimate interest in the case.
The process for filing a substantive motion involves drafting the motion, serving it to the opposing party, and submitting it to the court for consideration. It may also require a hearing or oral argument.
Yes, a court has the authority to deny a substantive motion if it determines that the motion lacks merit, is procedurally defective, or does not meet the legal requirements.
In some cases, a party may have the right to appeal a court’s decision on a substantive motion if they believe the court made an error in its ruling.
The time it takes for a court to decide on a substantive motion can vary depending on the complexity of the issue, the court’s caseload, and other factors. It can range from a few weeks to several months.
Yes, a party can choose to withdraw a substantive motion at any time before the court makes a decision on it. However, it is important to consult with an attorney before making this decision to understand the potential consequences.
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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