We hear the term all the time - "I'd like to make a motion....". Movies, TV, all of the news covering court cases and so on sooner or later, someone is filing a motion. Sometimes, it's a quick decision to "make a motion to drop all charges" in light of something miraculous happening during a trial. Of course, we are talking movies and TV here at the moment...so chances are, that motion is more fantasy than reality. You also hear the term in situations like governmental meetings, and other formal things. A "motion" is so much more than just words though. Shon Cook is here to explain.
There is actually a LOT that normally goes into a motion. Sometimes, months of preparation for the motion to be filed, then days or weeks for the process to work it's course and then hopefully a resolution to a situation. A motion in the simplest of terms is a request to move something. All parties are standing at a stalemate and no decisions are being made. So, a "motion" is made to get the ball rolling. What goes into that though? It's anything from gathering information from experts, witness'. testimony and more. It can be an incredibly lengthy process and it's all about making something happen and resolving a stalemate. You'll see in today's talk with Shon just how much can go into a motion from what she shows you on her desk and the two boxes of information on the floor.
A lot comes down on the judge too. Once filed, the are responsible to decide based on what's presented within legal guidelines as how all that's presented applies to the case. A lot of our conversations with Shon have taken a turn to show you just how incredibly complex this system is and how much work really goes into each and every case. Words that are commonplace like "motion" are generally just the tip of the iceberg and what lies beneath is generally the story and that's why Shon presents these segments weekly. Of course, this is general information, if you have a case with specific needs you need to consult directly with Shon or another qualified attorney.
It's a great conversation this week as Shon explains "Motion" in Saturdays With Shon. Take a listen.