What is a Motion?
A motion is, “The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968). It court, it is a formal request made to a judge to issue a ruling or take some action.
A motion can be requested by any party in court, and the judge may either grant or deny the request. Motions are always made with the intention of it benefiting the moving party, or movant. An example of a motion is a party requesting a case to be dismissed for a specific legal reason. They may also motion for a new trial if there are significant errors or issues in an original trial. All motions must be made after the initial complaint has been filed in a legal proceeding.
Motions can be either written or spoken. Regardless of which, the opposing party to the movant will usually have a chance to be heard by the judge regarding whether the motion should be approved or not. Motions for dismissal or new trial are only two of a wide range of possible motions. Even if a trial is not retried or dismissed, a judge’s ruling on a motion can greatly impact the outcome of a case, such as whether certain evidence is excluded or if it is allowed in court.
More information about Motion
New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident
The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.
In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.
Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.
In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]
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