What is a Motion?

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Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What is a Motion?

Explanation:
A motion is the formal request you make to the court asking for a ruling or an order on a specific issue. It’s the procedural device used to obtain relief, typically by filing a notice of motion with supporting papers and possibly having a hearing, after the case has been started. The result is the court issuing an order or decision on that issue. Writs are commands issued by a higher court directing action, not the mechanism to request relief in ordinary civil practice. A petition is a pleading that starts a case or seeks relief in certain contexts. An order is the court’s directive, not the method used to request relief. So the motion best fits as the tool used to seek the court’s action.

A motion is the formal request you make to the court asking for a ruling or an order on a specific issue. It’s the procedural device used to obtain relief, typically by filing a notice of motion with supporting papers and possibly having a hearing, after the case has been started. The result is the court issuing an order or decision on that issue. Writs are commands issued by a higher court directing action, not the mechanism to request relief in ordinary civil practice. A petition is a pleading that starts a case or seeks relief in certain contexts. An order is the court’s directive, not the method used to request relief. So the motion best fits as the tool used to seek the court’s action.

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