Motion Hearing Law and Legal Definition
Hearing on a motion is Motion Hearing. A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response. Once a judge receives a motion, he or she can grant or deny the motion based on its contents. In the alternative, the judge can also schedule a hearing. At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. However, during a trial or a hearing, an oral motion may also be permitted.
Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments.
Motions are made in court all the time for many purposes such as to continue a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions, and many other reasons. A motion on a factual matter usually will be filed with a supporting affidavit.For example, a motion for leave is a request for permission to do something, such as filing a supplemental or amended pleading.
A motion hearing provides judges with an opportunity to hear oral arguments, in addition to the written motion and memoranda submitted to the court. Local rules of court may provide specific standards or procedures with respect to setting hearings on motions.
Example of some statutes in Arizona on motion hearing.
Ariz. R. Crim. P. 35.2. Hearing; oral argument
Upon request of any party, or on its own initiative, the court may set any motion for hearing. The court may limit or deny oral argument on any motion.
Ariz. Super. Ct. Pima Co. R. 2
Calendar
(2.1) Motions. Motions shall be heard on Monday of each week or as otherwise ordered. If Monday is an official holiday, then the next official court day will be designated for the hearing of motions. The division to which the case is assigned shall set all motions for hearing.
