Motion
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Plain-English Meaning
A formal request made to a judge asking the court to take a specific action — like dismissing a case, suppressing evidence, or ordering one party to do something. Motions can be made in writing or orally in court.
Legal Context
In New York criminal cases, common pretrial motions include motions to suppress evidence (arguing it was obtained unconstitutionally), motions to dismiss (arguing the charges are legally deficient), and omnibus motions (combining multiple requests in one filing). In civil cases, parties file motions for summary judgment, motions to compel discovery, and motions to dismiss. Most substantive motions must be in writing, supported by affidavits or legal arguments, and the opposing side has the opportunity to respond.
Real-Life Example
After a drug arrest, the defense attorney filed a motion to suppress the evidence, arguing that the officer had stopped and searched the defendant without reasonable suspicion. The motion was filed in writing with a supporting memorandum of law. The judge held a hearing, heard testimony from the officer, and then ruled on whether the evidence could be used at trial.
Related Terms
Source
General procedural term. Based on N.Y. CPL Article 255 and CPLR. Original B-Legal plain-language explanation.
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.