What are motions?
Either party, the plaintiff or the defendant, may request that the court take specific action related to the case. To do so, the party prepares a formal request or what is referred to as a motion. The party then signs the motion, submits it, with a certificate of service and files it with the Clerk of Court and sends a copy to the opposing party. The opposing party may then file with the Clerk of Court an objection or responsive pleading to the motion. This objection sets forth the reasons why the court should deny rather than grant the motion. The district or magistrate judge normally rules on motions by issuing a written order related to the relief sought in the motion. That order may grant the motion, deny the motion or partially grant or deny. The court generally does not schedule hearings in order for the parties to argue the motion or objections. Where a case has been referred to a magistrate judge and one of the parties files a dispositive (bringing about a final determination)
