A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In the legal realm, a Motion of Plaintiff Requesting Court to Reconsider an Order is a formal written request submitted by the plaintiff in a Washington state court case. This motion serves the purpose of asking the court to review and potentially modify or correct a previous order issued in the case. It's important for plaintiffs to understand the process and requirements involved in filing such a motion, as it can play a crucial role in shaping the outcome of their case. When preparing a Motion of Plaintiff Requesting Court to Reconsider an Order, certain key elements need to be included to present a compelling argument for the court's reconsideration. These elements encompass the following: 1. Heading and Case Information: The motion should begin with a proper title, such as "Motion of Plaintiff Requesting Court to Reconsider an Order." Include the court's name, case number, and relevant parties' names at the top of the document for identification purposes. 2. Introduction: Start by providing a brief summary of the case and the specific order that the plaintiff seeks reconsideration for. Clearly explain why the previous order should be reconsidered and highlight any errors, misunderstandings, or new evidence that has come to light since the order was issued. 3. Legal Basis: State the legal grounds for the motion, referring to specific statutes, rules, or relevant case law in Washington that support the argument for reconsideration. This could include instances where the court committed a fundamental mistake, overlooked critical facts, or abused its discretion. 4. Argument and Supporting Points: Present a persuasive argument explaining why the court should reconsider the previous order. This may involve discussing any legal or factual errors contained in the order, clarifying misunderstood evidence or testimony, or demonstrating how new and relevant information warrants reconsideration. 5. Supporting Documents: Attach any supporting documents that substantiate the argument. These may include affidavits, exhibits, expert opinions, or other relevant evidence that further bolsters the motion. 6. Conclusion: Summarize the main points of the motion and emphasize the desired outcome sought by the plaintiff. Be clear and concise in stating what specific relief the plaintiff is requesting from the court. Once the Motion of Plaintiff Requesting Court to Reconsider an Order is drafted, it needs to be served to the defendant via a Notice of Motion. This notice is usually a separate document informing the defendant about the filing of the motion and providing them with an opportunity to respond or oppose it. The Notice of Motion generally includes the same case information, including the court's name, case number, and parties' names. It should concisely explain the purpose of the motion and provide a deadline for the defendant to file any opposition or response. Different types of Washington Motions of Plaintiff Requesting Court to Reconsider an Order may exist based on the subject or specific circumstances of the case. Some examples include: 1. Motion for Reconsideration of Summary Judgment: A plaintiff may request the court to review and reconsider a previous summary judgment ruling if new evidence or legal arguments have surfaced that could change the outcome. 2. Motion for Reconsideration of Temporary Restraining Order: In cases involving restraining orders, a plaintiff may seek reconsideration if there are significant changes in circumstances or if there were errors or oversights in the initial order. 3. Motion for Reconsideration of Custody Order: In family law cases, a plaintiff may request reconsideration of a custody order due to new evidence, a change in circumstances, or errors in the court's analysis. It's crucial to consult with an experienced attorney when preparing and filing a Motion of Plaintiff Requesting Court to Reconsider an Order to navigate the complex legal requirements and increase the chance of success in securing a revised court order.
