1-800-931-7036
The personal injury law is one with a lot of specifications and the motions are definitely no exception. With this in mind, we are going to take a proper look at those that are generally associated with this type of civil lawsuits and explain the meaning behind them. Without any further ado, let’s get right into it.
First of all, you need to know that motion is basically an application or a court procedure which is usually used by the attorney in order to request and to obtain a designated court order. The order could be made by the master of the court or by the judge. Masters in Ontario are appointed officials. In any case, the one who’s going to initiate the motion is the one who is commonly referred to as the “moving party”, while the opposing one is known as the “responding party”.
Motion to bring the trial forward is the initiating motion that’s set forth by the moving party asking the court to resolve the issue with an order.
Opposing Motion: The opposing motion is the act of the opposing party which is going to be asking the court to determine that the responding party should not be held liable. Usually the first opposing motion is going to be the motion to dismiss the case. This is the best case scenario for the responding party as the trial would be concluded right away.
Motions with consent: These particular motions are once again going to stem from the responding party but unlike the opposing motions these are going to be expressing the will of the responding party to willingly agree with the request of the moving party.
Unopposed Motions: These are motions which are brought forward by the moving party but aren’t met with response by the responding party.
In any case, all of the motions have specific designation. The interesting thing about the civil lawsuit is that any act of any of the parties is going to trigger a chain of events. With this in mind, there isn’t a motion that’s going to stand separately on its own without setting off the chain of events that we talked about. This is particularly important because that’s a main principle of the entire civil lawsuit. Furthermore, you need to thoroughly prepare every single motion as it’s going to have an overall impact on the outcome of the case. This means that you would need to be extra vigilant when proceeding with any given motion if you are to get the compensation that you’ve been looking for. Failing to comply and adhere to the rules of the procedure could also get your case dismissed. To prevent that it is one of the pre-requisites to have a good and experienced lawyer in your corner. They will ensure that all legal procedures are completed and file a case on your behalf. You can relax and recover from the inflicted injuries.