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Simple English definitions for legal terms
speaking motion
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A quick definition of speaking motion:
Speaking motion is a type of request made in court that talks about things that were not mentioned before. It is like asking for something new or different. Sometimes, a speaking motion can be made without telling the other side first. Other types of motions include requests to change a previous decision or to clarify something in an order.A more thorough explanation:
A speaking motion is a type of motion that addresses matters not raised in the pleadings. This means that it brings up new issues or arguments that were not previously mentioned in the case.
For example, if a plaintiff files a lawsuit against a defendant for breach of contract, but during the trial, the plaintiff brings up a completely unrelated issue, such as the defendant's criminal history, this would be considered a speaking motion.
Speaking motions are generally not allowed in court because they can be seen as unfair to the other party. The court wants to ensure that both sides have a fair chance to present their case and respond to any arguments made by the other side.
Overall, a speaking motion is a motion that goes beyond the scope of the original pleadings and raises new issues or arguments in a case.