Legal Definitions - request for leave to modify a motion

Term Definition: A request for leave to modify a motion is a formal application made to a court asking for permission to change or amend a motion (a formal request for a judge's order or ruling) that was previously filed with the court.

Explanation: In legal proceedings, parties often submit "motions" to the court to ask for specific actions or rulings. Sometimes, after a motion has been filed, new information emerges, circumstances change, or a party realizes they need to refine their original request. Because court procedures are formal, a party cannot simply alter a document already submitted. Instead, they must formally ask the judge for "leave" (permission) to make the desired modifications to their previously filed motion. This ensures that all parties and the court are aware of and can respond to any changes.

Examples:

• Example 1: In a civil lawsuit concerning a breach of contract, the plaintiff's attorney files a motion asking the court to compel the defendant to produce certain financial documents. Before the hearing on that motion, the defendant voluntarily provides some, but not all, of the requested documents. The plaintiff's attorney then files a request for leave to modify a motion to narrow the scope of their original motion, removing the items that have already been produced and focusing only on the remaining outstanding documents.

  How it illustrates the term: Here, the attorney is asking the court for permission ("leave") to change ("modify") their initial formal request ("motion") because the situation has evolved. They are not withdrawing the motion entirely but adjusting its content to reflect the new circumstances.

• Example 2: A parent involved in a child custody dispute files a motion for a specific visitation schedule. A week later, the parent learns that their work schedule is permanently changing, which would make the proposed visitation times impractical. To avoid withdrawing the entire motion and refiling, the parent's lawyer submits a request for leave to modify a motion to propose an alternative visitation schedule that accommodates the new work hours.

  How it illustrates the term: This demonstrates the term because the parent is seeking the court's permission ("leave") to alter ("modify") the specific details within their previously submitted formal request ("motion") for a visitation schedule, rather than starting the process over.

• Example 3: A defense attorney in a criminal case files a motion to suppress evidence, arguing that it was obtained through an illegal search. Later, during a witness interview, new details emerge about the police procedure that strengthen the argument for suppression but require a slightly different legal basis to be cited. The attorney then files a request for leave to modify a motion to amend the legal arguments and factual assertions in the original suppression motion to incorporate this new information and refine their strategy.

  How it illustrates the term: The attorney is formally asking the judge for permission ("leave") to make changes ("modify") to the legal arguments and factual basis presented in their initial formal request ("motion") to exclude evidence, adapting it to new information without having to file an entirely new motion.