Legal Definitions - request for permission to modify a motion

A "request for permission to modify a motion" is a formal application made to a court by a party involved in a legal case. It asks the judge for authorization to make changes or alterations to a formal proposal (known as a "motion") that the party previously submitted to the court.

This type of request is typically made when new information becomes available, circumstances change, or an error in the original motion needs correction. Rather than filing an entirely new motion, a party may seek the court's approval to adjust their original request.

Here are some examples to illustrate this concept:

• Example 1: Civil Litigation - Discovery

  In a lawsuit concerning a business dispute, the plaintiff's attorney filed a motion asking the court to compel the defendant to produce specific financial documents. However, during subsequent investigation, the attorney discovered that the defendant also used a particular cloud storage service for relevant business records. The attorney then files a request for permission to modify a motion to amend their original motion to compel, adding a demand for access to the documents stored on the newly identified cloud service.

  This illustrates the term because the attorney is asking the court for permission to change (modify) a previous formal request (the motion to compel) by adding new items to it, rather than starting a new request from scratch.

• Example 2: Criminal Law - Pre-trial Evidence

  A prosecutor in a criminal case files a motion asking the judge to allow certain surveillance video footage to be admitted as evidence during the trial. Before the hearing on that motion, the prosecution receives a new forensic report that enhances the clarity and authenticity of the video, providing even stronger grounds for its admission. The prosecutor then submits a request for permission to modify a motion to update their original motion to admit evidence, incorporating the details and arguments from the new forensic report.

  Here, the prosecution is seeking the court's approval to alter (modify) their earlier formal request (the motion to admit evidence) by adding new supporting facts and arguments to strengthen their case.

• Example 3: Family Law - Temporary Orders

  During a divorce proceeding, one parent files a motion for temporary child custody arrangements, proposing a specific visitation schedule based on their current work hours. A week later, that parent unexpectedly receives a significant promotion that requires them to travel extensively for the next few months. This new work schedule would make the originally proposed visitation plan unworkable. The parent's attorney then files a request for permission to modify a motion to adjust the proposed visitation schedule in the original temporary custody motion to reflect the new travel requirements.

  This demonstrates the term as the attorney is asking the court for authorization to change (modify) the initial formal request (the motion for temporary child custody) due to a material change in circumstances.