EMERGENCY MOTION Meaning and
Definition
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Emergency motion refers to a legal request made by a party involved in a court case, typically in response to an urgent situation or circumstance that requires immediate attention. It is a formal request made before the court seeking immediate relief or action based on the premise of an emergency situation. Emergency motions are usually intended to address a pressing issue that cannot wait for the regular scheduling or timeline of court proceedings.
These motions are often filed when there is an imminent threat of irreparable harm, a need for temporary restraining orders, or when justice may be impeded due to delays in the normal course of legal proceedings. Emergency motions are common in various areas of law such as family law, criminal law, civil law, or administrative law.
When filing an emergency motion, the party seeking relief must clearly demonstrate the necessity and urgency of the situation, providing compelling reasons for immediate intervention. The motion must include detailed facts surrounding the emergency and a convincing argument as to why the court should expedite a ruling, bypass regular procedures, or grant extraordinary relief. Usually, emergency motions are determined by a judge promptly, often without extensive notice or opportunity for the opposing party to respond, to rapidly address the imminent harm or injustice at hand.
Common Misspellings for EMERGENCY MOTION
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Etymology of EMERGENCY MOTION
The etymology of the word "emergency" can be traced back to the Latin word "emergens", which is the present participle of "emergere", meaning "to rise out or emerge". The word "motion" has Latin roots as well, derived from the word "motio", meaning "a moving or a motion".
When combined, "emergency motion" refers to a legal term in the context of court proceedings. The word "emergency" in this context implies something sudden or unexpected requiring immediate attention. "Motion" refers to a formal request or proposal made to a court for a specific action or decision. Thus, an "emergency motion" is a request made in court in urgent or critical circumstances.
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