Legal Definitions - immediately pending motion

An immediately pending motion refers to a formal request made to a court that is currently active and requires a decision from the judge without delay. It is a motion that is ripe for consideration, often at the current hearing or session, and is awaiting the court's ruling before other proceedings can continue or a specific issue can be resolved.

Here are some examples to illustrate this concept:

• Example 1: During a Trial

  Imagine a criminal trial where the prosecutor attempts to introduce a piece of evidence that the defense attorney believes was obtained illegally. The defense attorney stands up and says, "Your Honor, I move to suppress this evidence, as it violates my client's Fourth Amendment rights." The judge must then hear arguments from both sides and make a ruling on this request before the trial can proceed with that evidence. This request to suppress the evidence is an immediately pending motion because the judge needs to decide it right then and there for the trial to continue appropriately.

• Example 2: Pre-Trial Scheduling Conference

  During a pre-trial conference, the attorneys and the judge are discussing the timeline for the upcoming trial. One attorney realizes they need more time to depose a key witness and states, "Your Honor, I move for a 30-day extension to complete discovery, specifically to depose Dr. Smith." The judge will then consider this request, perhaps asking the opposing counsel for their position, and make a decision on whether to grant the extension. This request for an extension is an immediately pending motion because the court must rule on it to finalize the case schedule and move forward with the pre-trial process.

• Example 3: Post-Judgment Enforcement

  Following a divorce decree, one party was ordered to transfer ownership of a specific property to the other party within 60 days. After 90 days, the property has still not been transferred. The aggrieved party's attorney files a request with the court, stating, "We move to compel the defendant to immediately transfer the property as ordered by the court." The court will then schedule a hearing to address this non-compliance. At that hearing, the request to compel the transfer is an immediately pending motion because the judge needs to issue an order to enforce the existing judgment and resolve the ongoing dispute.