Motions

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During the course of litigation, questions or problems regarding the case inevitably arise.  Sometimes these questions or problems involve practical, procedural issues.  For example, if an attorney is not able to adequately research the law and prepare responsive documents within the allotted time frame, the attorney may ask the court for more time to respond.  Other times, these problems involve more complicated and substantial legal issues.  If an attorney believes that diversity of jurisdiction is lacking and that, therefore, the federal court is not the proper forum for the case.  This issue is more complicated, and the parties have a substantial disagreement regarding the facts and the law. Here, the defense attorney is not likely to get the plaintiff's attorney to agree to dismiss the case.  If the attorneys cannot resolve the problems by themselves, a court order is required to settle the issue.  The application for such a court order is a motion.