Legal Definitions - coexisting motion

A coexisting motion refers to two or more formal requests, known as motions, that are pending before a court at the same time within a single legal case. These motions may be filed by different parties or by the same party, and they often address distinct legal issues or seek different types of relief from the court. The court must then consider and rule on each of these motions, sometimes in a specific order, to advance the case.

• Example 1: Civil Litigation

  In a lawsuit concerning a property dispute, the plaintiff files a motion for a preliminary injunction, asking the court to immediately stop the defendant from continuing certain construction on the disputed land. Simultaneously, the defendant files a motion to dismiss the case, arguing that the plaintiff's complaint lacks a valid legal basis. Both of these distinct requests are active and awaiting the judge's decision at the same time.

  Explanation: Here, the plaintiff's request for an injunction and the defendant's request for dismissal are two separate motions. Because they are both active and require the court's consideration concurrently within the same property dispute case, they are considered coexisting motions.

• Example 2: Family Law Proceedings

  During a divorce case, one spouse files a motion for temporary child custody, seeking an immediate order regarding where the children will live. At the same time, the other spouse files a motion for discovery sanctions, alleging that the first spouse failed to provide requested financial documents. Both motions are before the court, addressing different aspects of the divorce, and require separate rulings.

  Explanation: The motion regarding child custody and the motion regarding discovery violations are distinct legal requests made within the same divorce proceeding. Since both are active and require a judicial decision simultaneously, they exemplify coexisting motions.

• Example 3: Criminal Defense

  In a criminal trial, the defense attorney files a motion to change venue, arguing that the defendant cannot receive a fair trial in the current jurisdiction due to extensive local media coverage. Concurrently, the prosecutor files a motion to admit prior bad acts evidence, seeking to introduce evidence of the defendant's past conduct to show a pattern. Both of these motions are pending before the judge prior to the trial commencing.

  Explanation: The defense's request to move the trial location and the prosecution's request to introduce specific evidence are two separate formal requests. As they are both active and require the court's decision at the same time within the same criminal case, they are coexisting motions.