We have discussed the process of how a lawsuit begins with the filing of a complaint, the service of a summons and complaint, and the response called an “Answer”. There is a general interest in knowing other components and theories relating to how a lawsuit is processed and how it proceeds.
During the course of a lawsuit, there are times when a party wants to ask the court to do something. It could be to try to force the other side to provide information or simply to extend deadlines. Any request to the court to act is called a ” motion “. A motion is an application to the court for relief. When a party (a participant in a lawsuit, force instance a plaintiff or a defendant) files a motion, the other side has an opportunity to file an opposition, usually within approximately 10 days of the filing of the motion. After the court has an opportunity to evaluate the motion and the opposition, if any, the court issues an Order setting forth the decision of the court.
by Ira Sherman