Notice of Motion – written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time; most courts require all motions to include a certificate of service, indicating that all parties have received due notice

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notice of motion:

1. Written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time.  *  Under the Federal Rules of Civil Procedure, the requirement that a motion be made in writing is fulfilled if the motion is stated in a written notice of the hearing on the motion.  Also, the courts in most jurisdictions require all motions to include a certificate, usually referred to as a certificate of service, indicating that the other parties to the suit have been given notice of the motion‘s filing.  Notice of any hearing or other submission of the motion must usually be provided to all parties by the party requesting the hearing or submission.  Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19. [1]

1. A means of bringing a motion on for hearing.  A formal notice by one of the parties to an action that a motion described therein will be made before the court  at the time and place stated in the notice. [2]

1. A formal notice to a party to an action that a motion, the purpose of which is stated in the notice, will be made to the court on a stated date. [3]

Vital Facts:

     Receiving notice of motion is an essential component of due process known as due notice:

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due process – the conduct of legal proceedings according to established rules, forms, and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.

due notice – receiving “notice” is an essential component of “due process”, ensuring ensures a person

(1) has actual knowledge of it;
(2) has received information about it;
(3) has reason to know about it;
(4) knows about a related fact;
(5) is considered as having been able to ascertain it by checking an official filing or recording.


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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