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Presented in the form of a written statement, a legal motion provides a lawyer with a means for submitting a request to the court. It gets placed in the court’s file. Two pieces of information get clipped to that filed document. They provide details on the time and the manner by which the motion should get heard in the courtroom.
Types of requests made by a motion during the trial
• Request gets made to the opposing side for production of medical records, pharmacy records, employment records or similar documents.
• Attorney for either defendant or plaintiff requests a time extension.
• Either attorney can ask for dismissal of an action.
Possible requests made by means of a motion during an appeal
• Either lawyer asks for new evidence to be presented.
• One of the two lawyers requests a review of the judge’s decision.
The motion’s purpose
The lawyer making the motion hopes that it will inspire the judge to issue a court order. In the absence of a court order, the action requested by the lawyer will not get carried out.
Some of the requests in the above list ask for completion of an action that those familiar with the legal system would expect to be carried out. Those are things like the request for new evidence during an appeal. Other items in the same list serve as examples of things for which a judge might or might not grant consent.
For example, the attorney from either side has the right to ask for a time extension. Still, there is no guarantee that the judge will grant such an extension. During an appeal, one of the lawyers might ask for a review of the judge’s decision. Obviously, a judge could feel annoyed by that request and could refuse to grant the desired review.
Still, all judges must have a sound reason for making any decision. A Personal Injury Lawyer in Stouffville can always seek an appeal, in hopes of having a decision overturned. There seems to be no limit to the number of times that someone fighting for justice can make an appeal. Of course, the person that plans to go after such an appeal needs to hire and work with an experienced lawyer.
What the listed requests reveal
The short list of motions (requests) showcases the importance of two factors, during the pursuit of compensation for a personal injury. The first of those factors is the weight of the evidence. The second factor that can contribute to the decision made on a given case concerns the time given for completion of any action. Some lawyers ask for a time extension.