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Florida Procedures: When a party files a motion, what does the party seek in return?

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There are many different types of motions that can be filed. Generally speaking, in legal terms, a motion is a written request to a court to make a decision. A motion is a way of asking the court's permission to take an action. It can also be a way to...

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There are many different types of motions that can be filed. Generally speaking, in legal terms, a motion is a written request to a court to make a decision. A motion is a way of asking the court's permission to take an action. It can also be a way to ask the court to force someone else to do something. It is up to the judge to decide whether or not to grant the request named in the motion after it is filed. Most courts do not have the power to initiate a process on their own. Therefore, for a court to issue most types of rulings, an outside party must first file a motion.

Common types of motions include a motion for summary judgment. This is a request that the court make a decision based on the evidence without going to full trial. A motion to dismiss asks the court to dismiss a case because the claim has no legal standing. A motion in limine asks that a judge exclude certain evidence or testimony from the trial. A motion non prosequi is a request made by a prosecutor to drop charges. Someone could also file a motion for a new trial, to reverse a jury's verdict, or to compel an opposing or third party to produce certain evidence.

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