Motions May Be Oral or Written, and Their Precise Form is Generally Prescribed by Statute or Rule of Court
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People also ask
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How to write court motions?
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
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Which written documents are filed with the courts to present one side of an argument?
Briefs are the written documents in which the attorneys in a case present their legal arguments to the court. When one researches a case, it is sometimes instructive to examine the written briefs that were filed by the parties, as well as the arguments presented orally to the court after the briefs were filed.
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What happens during the oral argument stage of cases heard before the Supreme Court?
The Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.
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Are written documents filed with the court before oral arguments begin?
Prior to the argument, each side has submitted a legal brief—a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.
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How long does a judge have to rule on a motion in New York?
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
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What is the process for oral arguments?
During oral arguments, each side has approximately 30 minutes to present its case, however, attorneys are not required to use the entire time. The petitioner argues first, then the respondent. If the petitioner reserves time for rebuttal, the petitioner speaks last.
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What is the legal definition of a motion?
A motion is a formal request made by any party for a desired ruling, order, or judgment. The party that makes the motion is known as the movant. A motion can be written or spoken, as the relevant rules require. Various motions can be made throughout a proceeding, but only after the initial complaint has been filed.
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How long after oral arguments is a decision made?
Decisions in a Supreme Court case are issued between one month and nine months after oral argument. For each term, arguments commence on the first Monday in October. Typically, all decisions for the term are issued by the end of June the next year.
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