A motion is described as a court procedure, or application to the courts by a lawyer to obtain a court order from a judge or court master. A court master is a court official that has been appointed in some civil matters to hear and make a decision regarding a motion and decide who will pay associated motion costs. Court masters can hear a motion in weeks compared to waiting months for a judge to hear a motion. The party referred to as the moving party as they initiated the motion and the responding party is the person or party the motion is directed toward.
A motion record is developed by the moving party, containing the notice of motion as well as evidence included in a sworn affidavit. The original motion record is filed with the court. If you are self-representing, it is important to know about all the steps else it is best to hire the services of a personal injury lawyer in Sarnia and let them handle the claim case.
Notice of Motion: A notice of motion will give the information needed to identify the moving party. This form. gives the time and date the motion is heard before the court and where the hearing is to be held, information of how the hearing will be conducted, whether orally, opposed or without notice. It also states order sought, relief, grounds argued and evidence given by the moving party. The responding motion record must be given by the responding party within four days of the motion being heard before court.
Opposition of A Motion: A formal dispute by the responding party is when the sought-after relief is opposed. The opposing party or their legal representative is required to give oral argument to oppose a motion.
Motions with Consent: Where the responding party agrees to the moving party’s relief it is known as consent motions. There is usually no requirement to appear in court for this type of motion.
Unopposed Motions: In the case of unopposed motions the responding party has not opposed or given consent to the motion and are usually not required to appear in court for an unopposed motion.
An Award of Costs: An award of costs motion is a reference to court fees, legal or lawyer fees, fees for courier or photocopying fees associated with personal injury claims.There is quite a long list of other possible related motions for personal injury cases. Your personal injury lawyer will discuss all your options and file possible related motions tailored to your case. This will help you get the justice that you seek and help you maximize your claim amount.