What does it mean to file a motion in court?

You cannotobtain relief from the Court by calling the Judge or Clerk of Court. A motion is a request made to the Court for th e purpose of obtaining a ruling or order directing an act to be performed. Usually, the following things occur when a motion is filed.

Do you have to list all the defendants in a motion?

The caption of a motion looks much like a complaint, except that in a motion you do not need to list all the plaintiffs and defendants. On a motion, you may list only the first plaintiff and first defendant followed by “et al.” in the case of multiple plaintiffs and/or defendants.

When to file a memorandum opposing a motion?

A memorandum opposing the motion must be filed within seven (7) days of service of the motion. (c) Time for Filing Memoranda in Response and Reply. A party opposing a motion must file a response memorandum within twenty-one (21) days of service of the motion.

Can you file a motion in the Western District of Kentucky?

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY. Filing and serving a complaint is the first step in a lawsuit. After that, if you want the Court to do something related to your case, YOU MUST FILE A MOTION. You cannot obtain relief from the Court by calling the Judge or Clerk of Court.

How to file an affidavit to oppose a motion?

To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant’s motion to dismiss or for summary judgment.

Can a defendant file a motion for summary judgment?

The court noted that the pendency of a counterclaim will preclude the plaintiff from dismissing an action in its entirety but added that the defendant had not filed a counterclaim. [10] The defendant had instead filed a motion for summary judgment. [11] Therefore, the plaintiff had a right to dismiss the action.

Can a plaintiff file a motion to dismiss after final submission?

To dismiss after final submission, the plaintiff must obtain leave of court. It is unlikely, however, that a court would grant a plaintiff leave to dismiss without prejudice while a motion for summary judgment or a motion to dismiss for failure to state a claim was under submission.

Can you file a motion for a court order by mail?

Can I file by mail? View video: Filing Documents by Mail. Yes, you can mail your motion papers to the court for filing by 1st class US mail. You need to include all of the forms you have filled out, signed and had notarized where indicated. Make 2 copies of all papers before you mail the originals to the court. Keep 1 copy for your records.