Emergency Motion Law & Legal Definition


Emergency motion is a motion that is presented in court without the normal requisite five business days notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm. An emergency motion provides immediate relief as the response is delivered quickly than a normal one by the court.

The following is an example of a federal statute on emergency motion:

According to U.S.C.S Ct App 9th Cir, Appx R 8011(d)-1:

1.An emergency motion must have a cover page bearing the legend "Emergency Motion" in large, bold type. The motion must be filed with the BAP clerk in an original and three copies.

2.The motion and supporting declaration(s) must set forth the facts showing the existence and nature of the alleged immediate and irreparable harm.

3.The emergency motion must be accompanied by an appendix containing:

a)A conformed copy of the notice of appeal, and

b)A copy of the entered judgment, order or decree from which the appeal was taken.

c) If the emergency motion concerns a stay pending appeal, the appendix must also contain, a conformed copy of the court's order denying or granting the stay and any explanation by the court of its ruling, or a declaration explaining why such a copy is unavailable; and copies of all papers regarding the stay filed in bankruptcy court.

4.The motion and appendix must be accompanied by a proof of service showing service on all parties.