Definition of motion9/11/2023 ![]() This Proof of Service document provides the date, time, and method of service, as well as a listing of each document included. ![]() Whether documents are personally delivered, or sent by mail, fax, or email, the person actually serving the documents must sign a “ Proof of Service,” or “ Affidavit of Service” form, and file it with the court. In a few jurisdictions, such documents may be served by email or fax. When serving a motion, it is permissible to use personal delivery or mail. This is known as “service of process.” Once the lawsuit or other action has been initiated, serving a motion or other documents may be done by mail. This begins with the delivery of a set of legal documents directly to the person or entity being sued. As an example, the rules for service of process in federal cases can be found in the Federal Rules of Civil Procedure, Rule 5. ![]() In order for the court to be sure the parties are actually advising one another, and providing copies of important documents, it requires a certain process of service be adhered to, and that proof be filed with the court. In order for the legal process to be fair, all parties to a legal action must be kept advised of every step, every request or motion, and every decision. It is important to check the rules of the court in which the matter is filed for specifics on which documents to prepare with a motion. In many jurisdictions, when certain motions are filed, a blank court order form must be included in the document package, and when it is served on the opposing party, a blank response form must be included. Whether a moving party files a motion using a pre-printed form, or prepares a motion that is typed on pleading paper, there are other documents to prepare with that motion. When pre-printed motion forms are available, the court also makes the response forms available for the opposing party. For example, a motion to modify child support is a form provided by most family courts that can be filled out, with form fields and check boxes, to streamline the process. Many legal processes involve certain motions that are very commonly made, so the court has pre-printed documents that can be filed when making those motions. The opposing party then has a certain period of time in which to file an opposition to the motion with the court, a copy of which must be served on the party who filed the motion (called the “moving party”). The motion must be filed with the court clerk, and a copy legally served on the opposing party (called the “non-moving party”). While it is sometimes permissible for a motion to be made verbally during trial, most motions must be made in writing. The process of making a motion is specific to the courts in each jurisdiction, and is spelled out in the Rules of Court, which can be found on each court’s website, or obtained from the court clerk’s office. The court cannot order spousal support on its own initiative, but in this example, a motion for spousal support must be made by one of the parties. ![]() ![]() The judge feels that Martha should be receiving spousal support, at least temporarily until a permanent order can be made, but her attorney has not requested it. During the proceedings, the judge becomes aware that Martha has a very low income of about $1,000 per month, while Howard lives on his bountiful income as a surgeon. ![]()
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