What Is a Motion?
What Is a Motion?
A motion is, in the most simple terms, a request, typically from one party to the judge. For example, in a criminal case, an attorney may file a motion for a directed verdict. This specific motion means that the attorney is asking the judge to issue a ruling on a specific legal issue based upon the information presented to the court. However, with all the nuance that’s involved in court cases, there are a lot of motions that can be filed. In family law, it’s not uncommon for an attorney to file a motion to enforce, meaning that they are requesting that the court compel the other party to comply with a court order. For example, if you were ordered to pay your ex child support each month and you didn’t, your ex’s attorney may file a motion to enforce which would compel you to follow the court order.
So, I Can Just Ask for…Anything?
It depends on what you mean by “anything.” Usually, there needs to be a legal basis for your request. Remember, just because you can ask for a wide range of things, doesn’t mean that it’s a good idea—especially if your actions have a high probability of being seen as “wasting the court’s time.” There are people who want to take their spouse to court for every little thing. This type of behavior generally has more to do with personal reasons and less to do with any sort of legal strategy. Typically, people do this in order to run up their spouse’s legal fees and waste valuable time. If you have a pattern of taking your spouse to court over frivolous matters, there may be consequences, such as sanctions, specifically ones requiring you to pay your ex’s legal fees. So while you can ask for almost anything, you should ensure that your requests are limited and reasonable. Your attorney can help you determine whether or not what you’re asking for is reasonable.
Why Did They File a Motion?
If your spouse, or the lawyer representing your spouse, has filed a motion, you may be wondering why that happened. Motions can be part of a legal strategy so it’s possible that filing a motion has less to do with you personally and more to do with your ex’s legal strategy. Sometimes, people will get desperate and pull out all the stops in an attempt to get a case to go their way. It may be annoying or scary to hear that a motion has been filed in your case but try to remember that a motion is just a request. It does not mean that the request will be granted. There’s a lot of legal jargon, especially in divorce cases, and you may not immediately understand what your ex is asking for or why they’re even asking in the first place. Your attorney can help explain these things to you. Your attorney may also be able to help you understand whether or not it’s likely that your ex is going to get what they’re asking for in the motion that was filed.
Should I Worry about a Motion?
With all the nuances surrounding family law, it is difficult to tell someone definitively whether or not they should worry about the motion the opposing counsel just filed. Questions about whether or not you should be concerned in your specific situation would be better suited for an attorney who knows the ins and outs of your case. However, there are some things that you can do to avoid “scary motions.” First and foremost: follow all court orders. If you have been ordered to do something, you need to do it. If there is some compelling reason as to why you cannot follow a court order, you need to speak with your attorney about this as soon as you possibly can. If you do not understand a court order, you need to ask your attorney about it. If you do not have an attorney, but you’ve been given a court order that you do not understand, you need to ask the court for more information.
Can You Undo a Motion?
Whether or not you can “undo” a motion depends on what you mean by that. You cannot prevent your ex from filing a motion, for example. There’s no motion-to-not-allow-my-ex-to-file-their-motion. However, you can file a motion in response to theirs. If you have filed a motion, and you no longer want to file that motion, you can withdraw your motion. Legal strategies do change often, so what may have been appropriate at one time may no longer be suitable at another time. Motions may also be withdrawn because the parties have reached an agreement, or the motion has become unlikely to be granted, etc. There may be many reasons why a motion would be withdrawn. If you are considering withdrawing a motion, it would be beneficial to speak with your attorney about how this could affect your case.
When You Need Legal Advice
At CoilLaw, we’re here for you. If you’re going through the divorce process, and you need legal advice to get the best outcome possible, contact us today to schedule your initial consultation.
