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  1. #1
    Join Date
    Feb 2003

    Petition vs. motion

    What is the name of your state? AZ

    I have seen many times the, seemingly, interchangeable use of the words "Petition" & "Motion".

    I don't want to get into "legal advice"; so I'll try to present this in a non-legal manner so that someone can respond!

    It's my opinion that, a Petition is used to initiate a court action and a Motion is used to "steer the court" to it's final decision.

    Right, wrong, sort of right? Just curious!

  2. #2
    Join Date
    Jun 2000
    Somnambulist University
    "It's my opinion that, a Petition is used to initiate a court action and a Motion is used to "steer the court" to it's final decision."
    *** Close.

    a formal written request to a court for an order of the court. It is distinguished from a complaint in a lawsuit which asks for damages and/or performance by the opposing party. Petitions include demands for writs, orders to show cause, modifications of prior orders, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distribution of an estate, appointment of a guardian, and a host of other matters arising in legal actions.

    a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) 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 (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted.

    the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.

  3. #3
    Join Date
    Feb 2003
    Thanks JETX for the prompt reply! It's a little more complex than I thought. But, of course, what isn't in the world of LAW!

    Thanks again.

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