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by Garrick Chastain (Author)
We all know that "motion" is a physical change in position. Similarly, in legal sense, A Motion is a procedural act in the legal proceeding that a party, either the plaintiff or the defendant, makes a request to the court to do something. Very much like playing a chess game or baseball game that there are rules allowing each party to make the next step to proceed further. You have options strategically which next step to proceed further. Sometimes, uninvolved third parties may file motions to participate the legal pursuit, such as Motion to Intervene if that third party has interest in the controversy as of right.
During the legal proceeding, there are certain motions have time limitations sequentially. For instance, before the defendant answers/pleas the complaint, if he/she/it does not file a motion to request to revise the complaint based on legal defect and/or insufficiency[i] within certain time frame, he/she/it loses the right to request to revise the complaint unless the plaintiff amends (changes or modifies) the complaint down the road in the proceeding. If the plaintiff needs to amend the complaint, he/she/it must file a motion requesting the court's permission to do so, Motion to Leave to Amend Complaint. Sometimes, during a litigation, the plaintiff may need to amend the complaint multiple times; and, if the defendant files a Counter-Complaint, he/she/it can amend the counter-complaint by filing a motion requesting the court's permission to do so. Of course, the opponent may file objection to the moving party' motion.
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